9911796707
TMI Blog2016 (2) TMI 1191X X X X Extracts X X X X X X X X Extracts X X X X ..... wherein the Court was of the view that although the New Delhi House Flat Owners' Association (in short 'NDHFOA') is a society which is in existence but there appears to be an apparent and urgency for the election and change of management; status quo of nondeclaration of the result of the elections proposed qua the Association were thus ordered to be maintained. Record shows that a suit (Civil Suit No.71/2013) had been filed by Association of Apartment Owners of New Delhi House (in short 'AAONDHA'). This pertains to the flats owner of New Delhi House Building Located at 27, Barakhamba Road, New Delhi. The following reliefs were claimed:- "1. Pass a decree of permanent and mandatory injunction in favour of the plaintiff and against t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of permanent and mandatory injunction in favour of plaintiff and against the defendant restraining the defendants from obstructing exciting or creating any third front so as to interfere with the functioning of the plaintiff association. 6. Any other order which the Hon'ble Court may deem fit and proper in the facts and circumstances of the present case be also passed in favour of the plaintiff." Certain orders were passed by the Trial Court. The matter went before the Appellate Court. The Appellate Court by the impugned order had held that the Society i.e. 'NDHFOA' is a Society in existence; it is not non-existent. This part of the order is not the subject matter of challenge by the petitioner as it was always his case that 'NDHFOA' cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Society) may not be permitted as if this is permitted, the entire suit pending before the Trial Court would become infructuous. Written submissions have also been filed by the learned counsel for the respondent. Parties have been heard. The averments contained in the plaint in the suit (71/2013) pending before the Trial Court have been perused. 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 according ..... X X X X Extracts X X X X X X X X Extracts X X X X
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