Delhi High Court
Rohit House Occupants Welfare ... vs K.S. Chowdhary And Ors. on 8 January, 2013
Author: M. L. Mehta
* THE HIGH COURT OF DELHI AT NEW DELHI
+ I.A. 21/2013 in CS(OS) 277/2005
Date of Decision: 08.01.2013
ROHIT HOUSE OCCUPANTS WELFARE ASSOCIATION
(REGD.) AND ANOTHER ...... Plaintiffs
Through:
Versus
K.S. CHOWDHARY AND ORS. ...... Respondents
Through: Mr. L.C. Chechi, Advocate for
defendant No. 1.
CORAM:
HON'BLE MR. JUSTICE M.L. MEHTA
M.L. MEHTA, J. (Oral)
I.A. 279/2013 (under Section 151 CPC)
This is an application under Section 151 CPC seeking
restoration of the application I.A. 21/2013, which was dismissed for
non-prosecution on 04.01.2013.
Heard.
For the reasons stated in the application, I.A. 21/2013 is
restored.
The application stands disposed of.
I.A. 21/2013 (under Section 151 CPC)
The plaintiffs had filed a suit for declaration and injunction. The
plaintiff No. 1 is an association of which other plaintiffs are members,
being the occupants of different flats in the building known as Rohit
House, situated at 3, Tolstoy Marg, New Delhi. Defendants No. 1 to 11
are occupants/employees of the occupants in the same building. These
defendants claim to have also formed an association by the name of
Rohit House Common Services Association, which is defendant No.
12.
The suit that was filed was decided on 31.07.2006. As per the
said order, Justice V.S. Aggarwal (Retd.) was appointed as Court
Nominee to conduct elections to elect the office bearers of plaintiff No.
1. He was to invite applications from the flat owners to be enrolled as
members of plaintiff No. 1 association and was to notify the schedule
of elections. The process of election was to be completed within four
months from the date of receipt of the said order. Till the new office
bearers were elected, the Administrator/Receiver appointed vide order
dated December 19, 2005 was to continue to discharge the duties
assigned as per the said order.
The instant application has been filed alleging non-compliance
of the order dated 31.07.2006 by the Court Nominee Justice V.S.
Aggarwal. It is alleged that procedure was not followed by him and
two persons became self styled dictator of the building instead of
providing facilities. It was alleged that they do not allow the access to
the occupants to their flats and have manhandled and threatened one
occupant. It is prayed that they would be directed not to misbehave,
mishandle and maltreat the occupants in any manner.
Having heard the learned counsel for the applicant/defendant
No. 1, it is noted that the application is a frivolous one having been
filed after dismissal of two similar applications, one on 07.12.2006 and
another on 27.07.2007. There seems to be some personal grievance of
defendant No. 1/applicant against the office bearers of the plaintiff No.
1 association. The suit having already been disposed of vide order
31.07.2006 and there being nothing warranting review of the same, the
present application is not tenable. Thus, the review application merits
dismissal and is hereby dismissed.
M.L. MEHTA, J.
JANUARY 08 , 2013
awanish
