Summary: The Bombay High Court decided against Usha Sunder Premises CHS Ltd., rejecting their request for temporary help in a property disagreement involving alleged unauthorized agreements and building activities.
The case involves Usha Sunder Premises CHS Ltd., a cooperative society in Mumbai, against Nilang Desai and others. The society claimed that unauthorized deals were made about their property, leading to building activities they wanted to stop.
Usha Sunder Premises CHS Ltd.'s Claim: The society alleged that deals, including a lease change and assignment, were made without proper permission and involved dishonest activities by the society's former secretary, Defendant No. 3.
Nilang Desai and Others' Argument: Defendant No. 4, who started building, argued they relied on the permission of the society's managing committee and claimed there were no suspicious circumstances that needed further investigation.
Trust in Internal Management: The court found that Nilang Desai and the other defendants were allowed to trust the permission given by the managing committee's decision, which was supposedly signed by the committee members, including Defendant No. 3.
No Suspicious Circumstances: The court did not find enough suspicious circumstances that required further investigation by the defendants.
Building Construction: Defendant No. 4 finished the structure of a nine-floor building during the legal proceedings, which the court noted in its decision.
Delay in Requesting Help: The court observed that Usha Sunder Premises CHS Ltd. did not quickly seek temporary help, allowing building to continue, which influenced the decision.
The court rejected the temporary application, stating Usha Sunder Premises CHS Ltd. did not show a clear case or balance of convenience in their favor. The ruling highlighted the defendants' reliance on the managing committee's permission and the lack of immediate legal reasons to stop the building.
