1 911.wp-733-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi WRIT PETITION NO. 733 OF 2011 WITH CHAMBER SUMMONS NO. 184 OF 2011. Emerald Isle II Co-operative Housing Society Limited. ..Petitioner. vs. The State of Maharashtra & Ors. ..Respondents. .... Mr. R.S. Upadhyay, a/w. Mr. R.P. Ojha, for Petitioner. Mr. P.G. Lad, AGP., for Respondent No.1. Mr. Nitin S. Dhumal, for Respondent/Intervenor in CHS-184/11. .... CORAM : S.J. KATHAWALLA, J. DATE : 12TH JULY 2011. P.C. : After hearing the learned Advocate appearing for the parties at some length, the following order is passed by consent of the parties :- (i) The election held on 17th March 2011 is set aside. However, Mr. Joshi Shashank M. (Flat No.1202), Mr. Sayyed J.B. (Flat No. 701), Mr. Tiwari Nikhilesh (Flat No.1501), Mr. Vahanvaty Husein H, (Flat No. 1401), Mr. Viswanathan Achary M. (Flat No. 602) and Mrs. Singh Mala C. (Flat No.1402) [the said individuals] shall continue with the day-to-day management until the elections are held and the committee members/office bearers are elected. The said individuals shall make all payments above Rs.1,000/- by cheque. The said individuals shall not incur expenses beyond Rs.5,000/- per month on behalf of the Society (except payment of statutory dues) and also not enter into any contracts with any party which exceeds Rs.5,000/- without the permission of the Court. 2 911.wp-733-11 (ii) The elections of the Managing Committee shall be held under the supervision of Shri S.T. Kapse, Insolvency Registrar, within a period of 120 days from today. (iii) Shri Kapse shall prepare the election schedule in consultation with the Advocates for the parties. (iv) Shri Kapse, the Officer appointed, shall scrutinize the list of voters (members entitled to vote) and shall seek directions of this Court, in the event of any dispute qua the list of voters, from this Court. (v) The Officer shall also file his compliance report. (vi) Liberty to apply. 2. In view thereof, the Writ Petition is disposed of with no order as to costs. [ S.J. KATHAWALLA, J. ]