1 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1570 OF 2008 Shamkumar Wadhawa and others .. Petitioners Versus The Deputy Registrar, MHADA and others .. Respondents Mr. C.J. Sawant, Senior Advocate, a/w Mr. A.S. Desai a/w Vishal Ghosalkar for the Petitioners Mr. G.W. Mattoos AGP for Respondent Nos. 1, 2 and 5 to 7 and Applicant in Chamber Summons No.295 of 2010. Mr. R. S. Ghadge, for Respondent No.3 Mr. M. M. Vashi a/w Ms. Prachi Khandge i/by M.P.Vashi & Associates for Respondent No. 4 Mr. Bharat Joshi a/w Mr. Mehul Shah for Respondent Nos. 8 to 11 Mr. P. K. Samdani, Senior Advocate a/w Mr. Simil Purohit a/w Mr. Dhawal Mehta a/w Ms. Anooja Menon i/by Wadia Gandhy & Co. for Respondent No.8 in Notice of Motion No. 216 of 2010 Mr. S. U. Kamdar, Senior Advocae a/w Ms. Pooja Patil a/w Mr. Dinesh W. Bhosale for the Applicant in Chamber Summons No. 307 of 2010 Mr. V. A. Thorat, Senior Advocate a/w Mr. S. S. Kanetkar for the Board of Administrators Mr. Bhushan K. Sarang Petitioner No.1 present Mr. Shashikant Shinde, Petitioner No.3 present Mr. Haresh Kuwadia Petitioner No.4 present Mr. Bhima Gajre, Applicant No.5 in Chamber Summons No.307 of 2010 present Mr. Shamkumar Wadhawa, Respondent No.8 present Mr. Abdul P. Kakuji Respondent No.9 present Mr. Dashrath K. Marne, Respondent No.10 present Mr. Bharat D. Bharmani, Respondent No.11 present Mr. Boman Irani a/w Mr. John Rumao a/w Mr. Kaushik Shah a/w Ms. Mehernaaz 2 S. Wadia, representatives of Respondent No.8 in Notice of Motion No. 216 of 2010 present Mr. Nitin Ved, Applicant No.1 in Chamber Summons No.262 of 2010 present Mr. Bholanath Bhoumik, Respondent No.4 present Mr. Karan Kuril, Assistant Architect of MHADA present CORAM : S. J. KATHAWALLA, J. DATE : 13th October, 2010 P.C.: After hearing the Advocates for all the parties at great length, the following order is passed by consent of the parties. i. The Deputy Registrar, Co-operative Societies, MHADA shall, on or before 18 th October, 2010 appoint an Administrator to hold elections for the managing committee of the Respondent No.3 Society (the said elections). ii. The entire election process shall be completed by the administrator so appointed on or before 18th December, 2010. iii. The Administrator shall be entitled to call for such records from the Society as are required by him for the purpose of conducting the said elections and the Society shall provide the same upon being called upon to do so. iv. The Administrator shall deal with the objections, raised by any member pertaining to the inclusion of any name in the list of voters, in 3 accordance with law and shall also offer inspection of the relevant documents to the objecting members if they are so entitled in law. v. Mr. Ghadge, Advocate appearing for the Respondent No.3 Society undertakes on behalf of the Society to file the following documents with the Prothonotary and Senior Master of this Court on or before 18 th October, 2010. (a) True copies of the minutes of the Annual General Meetings, Special General Meetings and Managing Committee Meetings of the Society from the year 2005 onwards till date; and (b) True copies of the Bank statements qua all the bank accounts of the society from the year 2005 till date. The undertaking is accepted. The Prothonotary and senior Master, upon receipt of the said documents shall in the presence of the Advocate for the Society, after giving running page numbers to the above compilation of documents and after affixing her signature on each page, retain the same in a sealed cover in safe custody. vi. Any member of the Society, after the said elections are held, shall be entitled to file a dispute under Section 91 of the Co-operative Societies Act, 1960 impugning the election of any member to the managing committee on any of the grounds available in law. vii. This order shall not preclude any member of the society from continuing any proceedings already filed against the Society or from instituting any proceedings available under the law against the Society or any 4 member of the Society or any member of the earlier managing committees of the Society. viii. The present managing committee shall handover the charge to the new managing committee upon it being so elected. ix. The orders passed by this Court dated 8th September, 2010 and 29th September, 2010 shall continue till the new managing committee takes charge. However, it is clarified that pending the elections, the monthly rent shall not be paid/disbursed by the Society to any of its members. x. In view of this order, the impugned orders as well as the orders of the Deputy Registrar, Co-operative Societies dated 16th July, 2010 and 26th July, 2010 shall not survive. 2. In order not to create any further complications in this matter which involves the right of shelter of about 480 members of the Respondent No.3 Society, this Court orders that the offer letter issued by the MHADA to the Respondent No.3 Society dated 20th May, 2010 shall continue to be in force upto 30th January, 2011 instead of 20th November, 2010. 3. As regards the documents which are directed to be deposited with the Prothonotary and Senior Master of this Court by the Society as per clause ( v ) above, the parties are at liberty to make an application to this Court seeking necessary directions qua the same after the elections and forming of the new 5 managing committee, including the directions for seeking to obtain copies of the said documents so deposited. 4. The Writ Petition is disposed in terms of the above order. 5. In view of the above order Mr. Joshi appearing for Respondent Nos.8 to 11 seeks to withdraw the Notice of Motion No. 216 of 2010. The said Notice of Motion is therefore disposed of as withdrawn. 6. In view of the above order, Chamber Summons Nos. 272/2010, 273/2010, 295/2010, 307/2010 and Notice of Motion Nos.216/2010, and 399 of 2010 stand disposed of. (S. J. KATHAWALLA, J.)