Pushpa Heritage Co Operative Housing Society Ltd. v. Conwood agencies pvt. Ltd.
2025-02-04
DIPANKAR DATTA, MANMOHAN
body2025
DigiLaw.ai
ORDER : 1. The special leave petition is heard in part. 2. Re-list the same on 05th March, 2025. 3. We are informed that the respondent no.2 - M/s Dwelling House Construction Co. has duly been served with notice, yet, none has entered appearance on its behalf. 4. Issue fresh notice to the respondent no.2 - M/s Dwelling House Construction Co. 5. Having regard to the controversy involved in the special leave petition, it is either the respondent no.1 - M/s.Conwood Agencies Pvt. Ltd. or the respondent no.2 - M/s Dwelling House Construction Co., which has to make the necessary compliances required by the Municipal Corporation of the Greater Mumbai [For short 'the MCGM'] for the purpose of issuance of occupation certificate in respect of the three buildings, which are being occupied by the members of Pushpa Heritage Co-Operative Housing Society Ltd. being the petitioner. Prima facie, we are of the view that for any internal disputes and differences between the respondents 1 and 2, the members of the cooperative society who are residents of the three buildings in respect whereof the occupation certificates are yet to be issued, cannot be made to suffer. 6. We make it abundantly clear that should the respondent no.2 -M/s Dwelling House Construction Co. be not represented on the next date, its presence shall be secured through means which may not be too palatable for the Directors of the company. 7. Ms. Meenakshi Arora, learned senior counsel appearing on behalf of the respondent no.1 - M/s. Conwood Agencies Pvt. Ltd., assures the Court that the Power of Attorney executed by M/s.Conwood Agencies Pvt. Ltd. in favour of M/s Dwelling House Construction Co. shall be brought on record together with all documents relating to applications made before the MCGM for the purpose of obtaining the building permission, the commencement certificate and the occupation certificate as well as documents which could be relevant for the purpose of an appropriate decision on this petition, within a fortnight from date, with copies to the other side. She also assures the Court that a convenience compilation containing all relevant documents shall be made ready and filed in the Registry well in advance of the next date of hearing. 8. Mr. Rajneesh Sharma, learned advocate is appointed as the nodal counsel for submission of documents required for filing of the convenience compilation.
She also assures the Court that a convenience compilation containing all relevant documents shall be made ready and filed in the Registry well in advance of the next date of hearing. 8. Mr. Rajneesh Sharma, learned advocate is appointed as the nodal counsel for submission of documents required for filing of the convenience compilation. Other advocates-on-record for the parties shall cooperate with Mr. Sharma. 9. Mr. R. P. Bhatt, learned senior counsel for the MCGM also assures the Court of producing the file maintained by it relevant to the construction in question on the next date.