Gujarat High Court
Shree vs Gujarat on 18 September, 2008
Author: Jayant Patel
Bench: Jayant Patel
Gujarat High Court Case Information System
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SCA/8564/2008 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8564 of 2008
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SHREE
DRIVE IN PARK APARTMENTS CO OP HOUSING SOC LTD II - Petitioner(s)
Versus
GUJARAT
STATE CO OP TRIBUNAL AHMEDABAD & 6 - Respondent(s)
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Appearance
:
MR
JB PARDIWALA for
Petitioner(s) : 1,
MR KL PANDYA, AGP for Respondent(s) : 1,
NOTICE
SERVED BY DS for Respondent(s) : 1 - 2.
MR PRAKASH K JANI for
Respondent(s) : 3 -
7.
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CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 18/09/2008
ORAL
ORDER
The petitioner, by this petition, has challenged the order passed by the Tribunal below Ex. 20 dated 17.5.2008 in Appeal No.81 of 2007, whereby the contempt has been dismissed.
Heard Mr.Pardiwala, learned Counsel for the petitioner and Mr.Jani, learned Counsel for the respondents No.3 to 7.
As the appeal is at large pending before the Tribunal and the matter relates to interim arrangements until the Tribunal finally decides the matter, after suggestions and counter suggestions, the learned Counsel appearing for both the sides, under the instructions of their respective clients have agreed for the following arrangements:-
(a) The petitioner society namely; Shree Drive-in Park Apartments Cooperative Housing Society Limited ? II as well as the Society represented through respondents No.3 to 7 namely; Shree Drive-in Park Apartments Cooperative Housing Society Limited ? III, both shall nominate four members from amongst the members of the Societies to function as the members of the Committee to look after common garden (including club-house etc.), which is the subject matter of the present petition.
(b) The aforesaid Committee shall be constituted of the aforesaid total eight members, four on behalf of the petitioner Society and four on behalf of another Society of Division ? III, who shall take decision by majority as and when such contingency arises.
(c) Such committee shall look after the maintenance, preservation and use the common garden (including club-house) as common facility etc., for all the four divisions of the original Society namely; Shree Drive-in Park Apartments Cooperative Housing Society Limited Division ? I; Division ? II; Division ? III and Raw Houses (which is Division ? IV).
(d) The Committee shall permit use of the garden (including club-house) as common facility for all the members of all the aforesaid four Societies.
(e) The Committee shall function by opening a separate Bank Account for collection of funds, for incurring expenses, etc., and it will have all incidental power to make use as common facility.
(f) The aforesaid arrangement shall continue until the Tribunal decides the appeal finally after hearing both the sides and for further period of 15 days from the date of the decision.
(g) The aforesaid nomination shall be made by the aforesaid respective Societies so as to constitute the Committee within one week and the first meeting of such Committee shall be held within one week thereafter.
(h) It is specifically observed that in the nomination of such members, Mr.Vijay J. Joshi and Mr.Hari V. Bhavsar as well as respondents No.3 to 7 shall not be included and the nominated members shall be other than those members.
(i) The Tribunal may be directed to decide the appeal as early as possible.
In view of the aforesaid interim arrangement, if the common garden (including club-house) is used for as common facility by all the members, no prejudice will be caused to either side and it would maintain the cordial atmosphere for the better enjoyment of the facility. Therefore, keeping in view the facts and circumstances, it is also directed that the parties to the proceedings shall abide by the declaration made before this Court and recorded hereinabove. The Tribunal shall make an attempt to dispose of the appeal as early as possible, preferably within a period of three months from the date of receipt of the order of this Court.
Until the aforesaid Committee is constituted and takes over the management, the ad-interim relief granted earlier, shall continue to remain in operation.
The learned Counsel appearing for both the sides have agreed that the complaints, if any, by their respective clients, including the contempt proceedings before the Tribunal, shall be withdrawn by their respective clients.
It is clarified that the Tribunal shall decide the matter independently on the basis of the material available before it, without being, in any manner, influenced by the present order or the understanding arrived at between both the sides, without prejudice to the rights and contentions in the appeal.
The petition is disposed of accordingly. Liberty to apply in case of difficulty.
18.9.2008 (Jayant Patel, J.) vinod Top