Housing society
Parikshit
(Querist) 21 December 2014
This query is : Resolved
in a housing society a member seeks alotment for a car parking space under stilt on the ground that some holding more than one stilt should surrender the additional parking to acomodate who do not have any. those affected refuse on the ground that they have purchased stilt from bulder. applicant says asper recent Supreme court judgement builder could not have sold n such sales not binding on society. general body passes resolution asking applicant to obtain court order.
suit filed
society & members holding stilt are party defendants
one of the defendant has taken out an application challenging society appointing an advocate on the ground that appointment of an advocate by managing comittee which consisted of majority who are defendants is illegal
Q- is there any case law dealing with simillar law point
Isaac Gabriel
(Expert) 21 December 2014
You are citing a Supreme court order.Defend your case based on it,eventhough the defendents play the role in the pretext of the management.
ajay sethi
(Expert) 22 December 2014
we dont provide case laws . MC can appoint adv to fight case on behalf of society
Rajendra K Goyal
(Expert) 22 December 2014
Case law not provided in this section.
Parikshit
(Querist) 22 December 2014
Mr. Sethi thanks for reply
What if the majority of MC consists of members of society holding stilt from builder....whould such appointment be valid....my view is that society should act as neutral party or rather should not even interfere as d dispute is between applicant and members holding stilt n supreme court judgement says that stilt cannot be purchased from builder n it comes under open access space
Than u
Parikshit
(Querist) 22 December 2014
Mr. Sethi thanks for reply
What if the majority of MC consists of members of society holding stilt from builder....whould such appointment be valid....my view is that society should act as neutral party or rather should not even interfere as d dispute is between applicant and members holding stilt n supreme court judgement says that stilt cannot be purchased from builder n it comes under open access space
Than u
V R SHROFF
(Expert) 22 December 2014
well advised , no more to add
T. Kalaiselvan, Advocate
(Expert) 26 December 2014
To engage an advocate to fight a case is a right which cannot be challenged on some flimsy grounds and will not be maintainable.
