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2016 (2) TMI 1191 - HC - Indian LawsElection and change of management of the society - New Delhi House Flat Owners’ Association - status quo of nondeclaration of the result of the elections proposed qua the Association - Held that:- This appears to be a war between two associations i.e. the ‘NDHFOA’ and the ‘AAONDHA’. The impugned order has held that ‘NDHFOA’ is a Society which is in existence. The averments contained in the suit pending before the Trial Court have also been perused. They are largely premised on the averment that ‘NDHFOA’ has been dissolved and such a dissolved Society cannot hold election and accordingly they be restrained from issuing letters/circulations i.e. for the purpose of an election. Since this order holding ‘NDHFOA’ as non-existent has been set aside and the Appellate Court has confirmed that ‘NDHFOA’ is body which is in existence and is alive, the premise on which the suit of the plaintiff (pending before the Trial Court) is based is largely demolished. The submission of the learned counsel for the petitioner that the members of the Society (Association of Apartment Owners of New Delhi House, Barakhamba Road, New Delhi) are aggrieved and their grievances on several scores cannot be addressed in the absence of an elected body is also an admitted position. This cannot be disputed and has in fact not been disputed by the learned counsel for the respondent. This Court has no hesitation in holding that a transparent election be permitted of this flat owners Association i.e. New Delhi Building Housing Association located at 27, Barakhamba Road, New Delhi which will be conducted under the aegis of an Observer i.e. a retired High Court Judge namely Justice P.K. Bhasin (Mobile No. 9871300032) - petition disposed off.
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