Bombay High Court
Omkar Sereno Flat Owners Association vs Manomay Ventures Private Limited And 17 ... on 9 June, 2022
Author: R.I. Chagla
Bench: R.I. Chagla
907-IAL-13724-22.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 13724 OF 2022
IN
COMMERCIAL SUIT (L) NO. 13720 OF 2022
Omkar Sereno Flat Owners Association ...Applicant/
Plaintiff
Versus
Omkar Ventures Private Limited & Ors. ...Defendants
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Mr. Gauraj Shah i/by Mansha Bhatia for the Plaintiff.
Mr. Karl Tamboly a/w Genevieve D'souza i/by Diamondwala & Co.
for the Defendants.
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CORAM : R.I. CHAGLA J
DATE : 9 June 2022
ORDER :
1. Learned Counsel appearing for the Plaintiff has tendered SHARAYU PANDURANG draft amendment, which is taken on record and marked "X" for KHOT Digitally signed by SHARAYU identification.
PANDURANG KHOT Date:
2022.06.14 18:15:58 +0530
2. By the draft amendment, the name of Defendant No. 1 is to be replaced, as the name has changed from "Omkar Ventures 1/5 907-IAL-13724-22.doc Pvt.Ltd.", to "Manomay Ventures Pvt.Ltd." and this is to be reflected in the cause title of the Plaint as well as Interim Application.
3. There is no objection to the amendment being carried out. Accordingly, following order is passed :-
(i) The Plaintiff is permitted to carry out amendment in the cause title of the Plaint as well as the Interim Application in terms of the draft amendment marked X for identification along with consequential amendment in the Plaint and in the Interim Application.
(ii) Amendment shall be carried out within a period of one week from the date of this order.
(iii) Re-verification is dispensed with.
4. A preliminary objection has been raised to grant of any ad-interim relief by Mr. Tamboli, learned Counsel appearing for the Defendants. He has submitted that the cause title of the Plaint 2/5 907-IAL-13724-22.doc mentiones the Plaintiff to be Omkar Sereno Flat Owners Association and in paragraph 1 of the Plaint, it is stated that the Plaintiff is a body of individuals comprising of purchasers of 67 flats who have formed the Plaintiff Association for the purposes as set out in the Memorandum of Associations of persons. Exh.A is a copy of the Memorandum of Associations of persons dated 25th December 2021 wherein Annexure 1, list of members of AOP has been provided and which comprises of seven members. Further, the Authority Letter dated 22nd April 2022 grants the authority to three members of the AOP, namely Mr. Deepak Chotalia, Mr. Rakesh Kumar and Mr. Debashish Dey jointly / individually for inter alia filing the present Suit.
5. Mr. Tamboly has further referred to Exh.B to the Plaint wherein claims of amount payable to 67 members have been listed. The prayer in the Plaint, in particular, prayer clause (a), is for an order and decree for refund of the amounts as stated as per the list annexed at Exhibit B. In prayer (b) of the Plaint, an order decree of sum of Rs. 67 Crores has been claimed against the Defendants jointly and / or severally to be paid to all the members of the Plaintiff towards damages and compensation as described in the particulars of 3/5 907-IAL-13724-22.doc the claim. He has submitted that the Suit should have been filed by the members in the individual capacity since they are claiming refund of amounts due to them as well as payment of damages and compensation.
6. Mr. Gauraj Shah, learned Counsel appearing for the Plaintiff has stated that the Memorandum of Associations of persons are fully entitled to file the present Suit. He has submitted that on the next date, he will get his house in order by bringing the relevant documents which show that there is authority of all the members of Memorandum of Associations of persons comprising of the 67 members to file the present Suit.
7. In view thereof, after noting the preliminary objection raised by Mr. Tamboly to the filing the present Suit by the Memorandum of Associations of persons as well as the Annexures to the Plaint, namely Exh.A and Exh.B as well as prayers in the Plaint, Mr. Gauraj Shah is given an opportunity to satisfy this Court that the Memorandum of Associations of persons are capable of filing the present Suit on behalf of the 67 members whose claims have been listed in Exh.B to the Plaint and whether the 67 members have 4/5 907-IAL-13724-22.doc authorised the Plaintiff to file the present Suit on their behalf.
8. Place the Interim Application considering the urgency expressed by Mr. Shah on 21st June 2022, high on board.
[R.I. CHAGLA J.] 5/5