BEFORE THE MAHARASHTRA STATE CO-OPERATIVE

APPELLATE COURT AT MUMBAI

Ganga Bhavan Co-Operative

Housing Society & Ors …Applicants

IN THE MATTER OF

Ganga Bhavan Co-Operative

Housing Society & Ors … Appellants

Vs

Rita Chadha & Ors …

Respondents

INTERIM APPLICATION SEEKING STAY ON THE

ORDER DATED 10TH SEPTEMBER 2024

MAY IT PLEASE YOUR HONOUR

1. The applicant’s state that the Appellant has filed the

Appeal being aggrieved and dissatisfied by the Order

dated 10th September 2024 (hereinafter referred to as the

“impugned order”, passed by the Her Honor Judge in

9 in Dispute No.224 of 2024, allowing the Application

restraining was Application restraining the Appellants

from implementing/ taking action/decision in furtherance

of minutes dated 27 February 2024.

2. The Applicants states that the appellant’s society is

registered under the MCS Act. Society has two buildings

namely ‘A’ & ‘B’ wings. There are 50 members of the

said society. The buildings of society are more than 43

years old and in dire need of repairs and reconstruction.

With regards to the same, on 22nd June 2023, the

Municipal Corporation of Greater Mumbai (MCGM)

issued notice to society. As per the said notice, society

was directed to carry out structural audit of its buildings.

3. The Applicants states that Since the Building are 43

Years old and considering condition of buildings,

majority of society’s members filed written

representations to the managing committee, to explore

option of redevelopment of society’s buildings.

4. The Applicants states that society issued notice dated

31st January 2024 for conducting Special General Body

Meeting on 17th February 2024, to all its members.

attended by 34 out of 50 members of the society,

constituting requisite quorum. Various resolutions were

passed in the said meeting, related to redevelopment. The

majority of society’s members agreed for redevelopment

of society, also by majority vote appointed Naren

Kuwadekar as PMC and DSK legal as advocate for the

society.

6. Pursuant to the SGM dated 17th February 2024 the

Society circulated the draft minutes of meeting to its

members on 27.02.2024 and the some members had

even sent their objection and the Managing Committee

has finalized the Minutes in the subsequent meeting.

7. Pursuant to the said SGM decision the Managing

committee appointed Naren Kuwadekar as PMC and

DSK legal as advocate for the society.

8. The Applicants states the Appellants society again

issued notice dated 11th July 2024 for conducting SGM

on 20th July 2024 to take further action on the

redevelopment process

9. In the meanwhile some disgruntled minority members

for their selfish motive in order to derail the

Cooperative Court No .IV seeking interim relief and

filed Interim Application seeking stay on the Minutes

dated 27th February 2024 on ground that minutes of SGM

dated 17th February 2024 has not been circulated which

is false and frivolous. The applicant craves leave to refer

and rely upon the Interim application as when called

upon to do so.

10. The Applicants states that the Appellants filed reply and

after hearing the Exhibit -9 the Hon’ble court was

pleased to allow the Interim application. Hereto Annexed

and marked as Exhibit “C” is the copy of the reply filed

by the Respondent;

11. Being aggrieved by the said order dated 10 th September

2024 passed by the His Honor Judge in Honble Co-

operative Court No. IV, Mumbai in Exhibit -9 in Dispute

No.224 of 2024 the appellants are flinging the Appeal

herein on the following amongst other grounds which

have been taken in the alternative and without prejudice

to each other is the appeal.

deliberately misled the court that the draft minutes were

not circulated. On the contrary the Society has circulated

the Draft minutes to their members and sought objections

and the some members have also sent their objection

which is recorded in the society records

13. The Applicants states that the minutes circulated on

27.02.2024 is draft minutes only however due to

inadvertence the word ”Draft” was missing and it is

bonafide mistake on part of the Committee. Merely the

because the word “draft” was missing would not make

the minutes invalid and the court has failed to consider

this aspect.

14. The bye law 108 clearly states that minutes has to

circulated and seek objection of draft Minute

circulated.th society has following the procedure

prescribed under the bye law 108 The respondent states

that some disputant have also sent objection to the said

minutes is itself means that it was draft.

15. The Minutes Circulated on 27.02.2024 is draft and court

ought to have held the minutes as draft minutes.

Appellants issued notice calling SGM for considering the

feasibility report.

17. The applicant’s states that the court has gone beyond the

Pleading and the respondent have asked a relief which is

not asked in the main dispute application also. The Court

cannot give a final relief in interim relief. The court has

in effect halted the Redevelopment process itself which

is bad in law. The Hon’ble Cooperative Court no

jurisdiction to stop the redevelopment process which has

initiated by overwhelming majority of Members. The

Court has exceeded its jurisdiction I granting the relief

18. The Applicants states that in the facts and circumstances

of the case, it is also just and equitable that pending the

hearing and final disposal of the Appeal this court be

pleased to grants interim relief staying the effect and

implementation of the Order dated 10th September 2024.

19. The Applicants say and submit that unless the interim

and ad interim reliefs as prayed for in the Appeal are

granted grave harm, loss or injury would be caused to the

Appellants society and its members which cannot be

compensated in monetary terms. On the contrary no

the Hon’ble court grants interim relief sought by the

Appellants.

20. The Applicants further say and submit that the balance of

convenience also demands grant of interim and ad

interim reliefs as prayed for.

21. In the circumstances as stated the applicants Prays

a) That pending the hearing and final disposal of the

above Appeal, the impugned order dated 10 th

September 2024be stayed;

b) That pending the hearing and final disposal of the

above interim application ad-interim relief in terms of

prayer clause (a) be granted;

c) To pass such other orders as may be suitable in the

circumstances of the present matter.

Dated on ___ Day of October 2024

For Simran Jumani &

(Applicants)
Advocate for the Applicants
 VERIFICATION

I, SONALI HEMANI , the Appellant No.3 the secretary of the

appellant society herein, do hereby state on solemn affirmation

that whatever stated hereinabove are true to the best of my

knowledge and belief and I believe the same to be true.

Solemnly affirmed at Mumbai ]

Dated this day of October, 2024] SONALI HEMANI

Appell

ant No.3