IF CAUSE ESTABLISHED BOGUS & FALSE, SHOULD SUBSEQUENT ACTION TO IT ALSO HOLD TO BE BOGUS & FALSE ?
(01) I have filed a Dispute at Co-operative Court, Mumbai, appearing in person.
(02) The Opponent Society has filed its Affidavit of evidence, wherein it has mentioned that--
“Society was facing problem of parking and betterment of the Society therefore it was considered to convert ground floors into stilt and the ground floor members be shifted to upper floor by constricting additional floors on the existing building by giving development rights to some developers. Therefore the General Body in the meeting held on 30.03.2003 considered the proposal given by builder. For consideration of this proposal it was decided to obtain consent of all the members and accordingly all the members have signed on the letter dated 04.04.2003 to be submitted to the Municipal Corporation”.
(03) However, it is established and come on the record that there was no parking problem. Therefore the CAUSE of conducting meeting is established to be a total and complete false & bogus for which development work was given in G.B. meeting of 30.03.2003 & 04.04.2003. In addition, Society alleged that all papers are lost of 2003.
(01) Since the CAUSE established to be bogus & false, can it be hold that Society had not held the G.B. meetings on 30.03.2003 & 04.04.2003 and had not given development right?
(02) Should any Court is liable to held it? Is such conclusion is valid in the eyes of law?
(03) Can anyone please provide Judgment/Order of Apex Court and/or High Court to substantiate this?
N.B.: Since I have kept my Query to limited issue only, therefore not explaining about whole matter.
Thanking all in anticipation, once again.
Ashok. (098691 02755) Email: [email protected]
1 Answer from Attorneys
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