NMS1017-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1017 OF 2009 IN SUIT 762 OF 2009 Bombay Citizens’ Cooperative Housing Society Limited & Ors. .. Plaintiffs Versus Sanjay Gandhi & Ors. .. Defendants Mr.Prashant G. Karande for plaintiffs Mr.Vijay Thorat, Senior Advocate i/b. Dahibawkar & Co. for defendant Nos.1 to 4 CORAM : S.C.DHARMADHIKARI, J. DATE : 6th October 2010. P.C.: 1] Plaintiff No.1 is a housing society registered under the Maharashtra Coop. Societies Act, 1960 and the other plaintiffs are its members. 2] Defendant Nos. 1 to 4 are partners of a Registered Partnership firm which is carrying on business as builder and developer. NMS1017-09 2 3] Defendant Nos. 5 to 17 are the new flat purchasers. The dispute in this suit is about car parking space. The allotment of the same upon re-development of the property resulted in plaintiffs filing this suit and claiming the declaration as set out in the prayers. At the interim stage, after hearing the plaintiffs and defendant Nos. 1 to 4, this Court on 6th March 2009 made an interim workable order so that both existing occupants and the new flat purchasers have adequate car parking facility. Mr.Karande and Thorat, learned Senior Counsel appearing for defendant Nos. 1 to 4 are agreeable that this arrangement can continue at site till final hearing and disposal of the suit. However, Mr.Karande submits that defendant Nos. 14 and 15 have more than one car and have utilised, therefore, more than one car parking space. They are refusing to part with the extra car parking space, inasmuch as, according to Mr.Karande, the first plaintiff society is of the view that every member is entitled to one car parking space and not more than that. However, the interim order as made present some difficulty and defendant Nos. 14 and 15 are taking benefit of the same and are refusing to agree to some other arrangement. NMS1017-09 3 4] In my view, the notice of motion can be disposed of by appropriate clarifications, in terms of the ad-interim order. That would serve the ends of justice. Hence, following order:- 5] The notice of motion is made absolute in terms of ad-interim order dated 6th March 2009. However, this does not prevent the first defendant society from convening a meeting and passing any resolution so also taking a decision with regard to allotment of car parking space or restricting the same as suggested by Mr.Karande. All such powers of the first defendant society are intact. While managing and administering day to day affairs of the society it can take decisions for allotment of car parking space in the ratio of one car parking per flat. However, this will not in any manner prejudice rights and contentions of parties under the agreement with defendant Nos. 1 to 4. NMS1017-09 4 (S.C.DHARMADHIKARI, J)