DHAWANDEEP RESIDENTS WELFARE ASSOCIATION (REGD. ) v. STAR ESTATE MANAGEMENT LTD.
2007-11-23
MUKUNDAKAM SHARMA, SANJIV KHANNA
body2007
DigiLaw.ai
MUKUNDAKAM SHARMA, CJ. ( 1 ) CM No. 16022/2007 (exemption)Allowed, subject to just exceptions. FAO (OS) No. 466/2007 and CM No. 16023/2007 (delay)The present appeal is directed against the order dated 20th september, 2007 disposing of the application being CM No. 8134/2006 filed by the appellant/plaintiff under Order XXXIX Rules 1 and 2 of the Code of civil Procedure, 1908. ( 2 ) THE learned Single Judge has extensively dealt with the provisions of the Delhi Apartments Ownership Act, 1986 and has passed an injunction order in favour of the appellant/plaintiff and its members holding that they need not avail the maintenance service from the respondent/defendant No. 1 - M/s Star Estate Management Limited. ( 3 ) AT the same time, the learned Single Judge was aware that all apartment owners in the building complex known as Dhawan Deep Building are not members of the appellant/plaintiff association as is admitted by the appellant/plaintiff in its pleading. In these circumstances, it has been observed that the apartment owners, who are not members of the appellant/plaintiff association, and who want to voluntarily receive maintenance services from respondent /defendant No. 1 would be entitled to do so. Discretion has been given to the apartment owners who are not members of the plaintiff association. Consequently, the respondent/defendant No. 1 or his servants have not been prohibited from entering the complex. However, all defendants/respondents have been restrained from interfering and obstructing the appellant/plaintiff from providing maintenance services to its members during the pendency of the present case. ( 4 ) WE do not see any reason to interfere with the said findings and the directions given by the learned Single Judge protecting interest of the appellant/plaintiff association and its members as well as giving right to owners of the apartments, who voluntarily want to avail of and receive maintenance services from respondent/defendant No. 1. The aforesaid arrangement, which is ordered by the learned Single Judge, is only a stop gap arrangement, which is to operate till the suit is decided. The learned single Judge has balanced equities and the said order has been passed to meet the ends of justice during pendency of the legal proceedings and till the matter is finally decided.
The aforesaid arrangement, which is ordered by the learned Single Judge, is only a stop gap arrangement, which is to operate till the suit is decided. The learned single Judge has balanced equities and the said order has been passed to meet the ends of justice during pendency of the legal proceedings and till the matter is finally decided. ( 5 ) WE do not see any reason to interfere with the said order giving option to the apartment owners to voluntarily make payment to respondent/defendant No. 1, but protecting rights of the appellant/plaintiff with a direction that the respondents/defendants shall not interfere with and obstruct in any manner the plaintiff/appellant association in providing services to its members during the pendency of the case. ( 6 ) THE appeal stands dismissed in terms of the aforesaid observations.