Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Interim Relief Entitlement |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Interim Relief - Entitlement - Housing Society passes resolution on 25.9.1966 for re-development of the area which was let out to 69 tenant members - As per resolution, after redevelopment, 230 tenements would be constructed out of which 161 were meant for allottee-members and 69 for the tenant-members - The resolution, when challenged by tenant- members u/s. 91 of Co-operative Societies Act, attained finality in favour of the Society- 161 beneficiaries also made deposits in the year 1966 to the Society - The tenant- members again challenged the resolution u/s. 18 of the Act seeking bifurcation of the Society, which issue is still pending - The Society by its resolution dated 6.12.2009 gave effect to its earlier resolution dated 25. 9. 1966 - Consequential conveyance deed dated 7.12.2009 was executed- 15 out of the 69 tenant-members, then filed suits seeking direction to restrain the society from taking steps in furtherance of resolution dated 6. 12. 2009 and the consequential conveyance deed - Interim relief not granted - In Notice of Motion, Single Judge of High Court granted interim relief and subsequently made the interim order absolute - Division Bench of High Court vacated the interim . order - ·Held: The tenant-members are not entitled to interim relief - By vacating the interim order no irreparable loss is caused to them - They being in minority (initially at the time of filing of suit 15 and when reached this Court reduced to 5) as against 225 members, balance of convenience is in favour of the majorityand not the contesting tenant-members - Their plea to procure a better offer for development than that offered to B Society, also shows that they are agreeable to development and the initiation of proceedings for restraining development - lacks bonafide - The tenant-members are also not entitled to the interim relief as they do not have proprietary interest in the subject matter. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2013 INSC 195 |
Petitioner | Margaret Almeida & Ors. Etc. |
Respondent | Bombay Catholic Co-operative Housing Society Ltd. & Ors. |
SCR | [2013] 5 S.C.R. 871 |
Judgement Date | 2013-03-22 |
Case Number | 2683-2685 |
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