Bombay High Court
Santosh Prakash Tulsiani vs Shree Satidham Co Operative Housing ... on 7 May, 2024
Author: Sandeep V. Marne
Bench: Sandeep V. Marne
2024:BHC-OS:7639
906_wpl_15188_2024.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (LODGING) NO.15188 OF 2024
Santosh Prakash Tulsiani and Ors. Petitioners
Versus
Shree Satidham Co-operative
Housing Society Ltd. ...Respondents
...
Mr. Karl Tamboly with Ms Jennifer Micheal i/b. Ms Alisha Pinto for
the Petitioners.
Ms Usha Tiwari with Ms Mansi Jain for the Respondent.
CORAM : SANDEEP V. MARNE, J.
DATED : 7 MAY 2024.
PC:
1. By this petition, the Petitioners challenge Judgment and
Order dated 24 April 2024 passed by the President, Maharashtra
State Co-operative Appellate Court, Mumbai in A.O. No.70 of 2022
by which the Appellate Tribunal has reversed the order dated 14
September 2023 passed by the Co-operative Court on application for
MEGHA
SHREEDHAR
PARAB
interim injunction at Exhibit-5.
2. By its order dated 14 September 2023 on the application
at Exhibit-5 the Co-operative Court had injuncted the Society from
initiation of recovery proceedings against the Petitioners under the
provisions of Section 154 B(29) of the Maharashtra Co-operative
906_wpl_15188_2024.docx
Societies Act, 1960 and from publishing the names of the Petitioners
as defaulter upon Petitioners depositing 50% of the maintenance
amount with the Society.
3. After the petition was extensively heard and this Court
expressed disinclination to interfere in the order passed by the Co-
operative Appellate Court, Mr. Tamboly, the learned counsel
appearing for the Petitioners, after taking instructions from
Petitioner No.1-Santosh Tulsiani, who is present in the Court, makes
a statement that without prejudice to their rights and contentions,
the Petitioners are willing to clear all the dues of the Society. He
however, prays for some time to clear the said dues. The learned
counsel appearing for the Respondent-Society submits that as of
today, the dues in respect of two flats would be to the tune of
Rs.49/50 lakhs.
4. Mr. Tamboly submits that the said amount shall be paid
by the Petitioners to the Respondent-Society in five equal
installments of Rs.10,00,000/- every month during May to
September-2024. The statement is accepted as an undertaking given
to this Court. Since the Petitioners have shown willingness to
deposit the entire amount of dues to the Society as aforesaid, there is
no question of Society initiating recovery proceedings or declaring
Petitioners as defaulters.
906_wpl_15188_2024.docx
5. I accordingly proceed to pass the following order:-
(i) Subject to Petitioners depositing the entire
amount of dues with the Society in five
installments of Rs.10,00,000/- every month
during May-2024 to September-2024 (total
amount of Rs.50,00,000/-)the Respondent-
Society shall not initiate any recovery
proceedings nor publish the names of the
Petitioners as defaulters.
(ii) In the event the Petitioners make any default in
payment as directed above, the Respondent -
Society will be at liberty to initiate the recovery
proceedings as well as to publish the names of
the Petitioners as defaulters.
(iii) The payments so made by the Petitioners to the
Respondent-Society shall be subject to the
outcome of the orders that would be passed by
the Co-operative Court in the Petitioners'
Dispute.
(iv) Hearing of the Dispute filed by the Petitioners
before the Co-operative Court is expedited and
the Co-operative Court is requested to make an
endeavour to decide the same as expeditiously as
906_wpl_15188_2024.docx
possible, preferrably within a period of one year
from today.
6. With the above directions, the Writ Petition is disposed
of.
[SANDEEP V. MARNE, J.]
