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23 December 2021| MP Space Dynamics Pvt. Ltd. v. Janardan Chavan & others | Arbitration Petition (L) No. 17007 of 2021 | BP Colabawalla J | Bombay High Court
The Bombay High Court has reiterated that minority members of a co-operative society are bound by the decisions of the majority members and cannot hold up the re-development of the society. In this case, supported by 28 members of a society, the developer had applied for an order under Section 9 ACA to take forceful possession of the flats occupied by four dissenting members.
After considering the facts in detail, Colabawalla J granted the reliefs. On law, he relied on several precedents, including Girish Mulchand Mehta 2009 SCC OnLine Bom 1986. On facts, he also examined the argument that several resolutions passed by the general body of the society, including the ones that authorised the society to enter into a development agreement with the petitioner, were under challenge before a co-operative court, and the implementation of some stayed.
Read the decision here.