- (1.) Leave granted. Heard.
(2.) The members of the fourth respondent-Society decided to redevelop the property - Building No.34,Ganesh-Kripa Co- operative Housing Society Ltd., Kher Nagar, Bandra (East) Mumbai, by demolishing the existing building through a developer (fifth respondent) in the year 2003. An agreement dated 17.6.2003 was entered between the Society and the developer in that behalf. It is stated that, at that stage, 9 out of the 54 members had opposed the development through the fifth respondent.
(3.) Under the said agreement, the developer had agreed to provide each member/occupant, a flat with a carpet area of 345 sq. feet and a balcony/dry area of 70 sq.ft. On 9.1.2004, the first respondent (MHADA) issued a NOC for redevelopment to MHADA. However, subsequently, the appellants herein, who are 18 in number (referred to as non- co-operating members of the Society comprising the original nine plus addition nine members), opposed the development through fifth respondent. That led to the developer (fifth respondent) filing a suit against the appellants for a permanent injunction to restrain them from interfering with the development. In the said suit an interim injunction was issued against the appellants.;