Summary: A court case in Mumbai involving the Malboro House Cooperative Housing Society has stirred up quite the drama. The main issue? Whether a servant room can be considered a separate flat for membership purposes. Let's dive into the details!
This case revolves around the Malboro House Cooperative Housing Society located at Peddar Road, Mumbai. The main people involved are Uday Dalal, Ajay Biyani, and Rina Pritish Nandy, who are challenging the membership given to Prachi Agarwal. The case was heard by Judge Amit Borkar at the Bombay High Court.
The cooperative society was registered in 1996. The dispute began when the Deputy Registrar gave membership to Prachi Agarwal for a 250 square foot room. The people challenging this decision argued that this room was part of an existing flat and not a separate unit.
"The society cannot create new memberships by splitting existing flats," argued Uday Dalal and the others challenging the decision.
The society's managing group originally had six members. Uday Dalal and the others claimed that new memberships were being created to influence elections and management. They argued that Prachi Agarwal's membership was given without following the correct steps and was part of a plan to get extra votes.
Judge Amit Borkar emphasized that membership should follow the approved plan. The court found that the disputed room was not recognized as a separate flat in the approved plan and canceled the membership given to Prachi Agarwal.
"The approved plan is the foundation of membership," stated Judge Borkar.
The Deputy Registrar has been tasked with checking the approved plan to determine if the room qualifies as an independent flat. This process must be completed within twelve weeks, with opportunities for both parties to present evidence.
The court decided that the room in question was not a separate flat according to the approved plan, and therefore, the membership given to Prachi Agarwal was canceled. The Deputy Registrar will now verify the plan to ensure fair membership practices.
