Full Judgment Text
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CASE NO.:
Appeal (civil) 1341-1342 of 2008
PETITIONER:
Pankaj Karmakar & Ors.
RESPONDENT:
Bengal Ambuja Housing Dev. Ltd. & Ors.
DATE OF JUDGMENT: 15/02/2008
BENCH:
H.K. SEMA & MARKANDEY KATJU
JUDGMENT:
JUDGMENT
O R D E R
(Arising out of SLP(C) NOS. 16894-16895/2007)
Leave granted.
Although lengthy arguments have been advanced before us, in our view, the whole
controversy is confined to the question as to whether the election is to be held from
amongst members of eight towers or including members of the 9th tower. We are not
inclined to go into the merits of the matter. In the orders of the High Court dated 20th
February, 2007 and 30th April, 2007, it is clearly held that the election was to be
conducted from amongst the members of eight towers. So far as the 9th tower is
concerned, it has been expressly held by the High Court that the legality of the
construction of the 9th tower is subjudice before a civil Court. In our view, therefore,
members of the 9th tower are not entitled to participate in the election till the trial
Court decide the issues.
..2/-
: 2 :
We, accordingly, dispose of these appeals by directing the Special Officer to conduc
t
the elections from amongst members of the eight towers. It is clarified that only the
members of the eight towers shall participate in the election. We direct the Special
Officer to conduct the elections peremptorily within a period of three months from
today.
To the aforesaid extent, the Orders of the High Court are set aside. The appeals ar
e
disposed off. In view of the order passed above, the contempt proceedings are closed.