Notice of GBM on 25th October 2009
Aggarwal, Vivek IN BLR SISL
Dear All:
Sending this on behalf of A V Venkatesh.
Thanks
-Vivek
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South City Group Housing Apartment Owners’ Association
Registered under KAOA: No BNG(U)-JPN/82/2009-10
1st Floor, Club House, South City, Off Bannerghatta Road, Bangalore 560076
SUGRUHA/GBMR-2/251009
4th October 2009
NOTICE
Notice is hereby given that a Special General Body Meeting of the members will be held at 9.30 a.m. on Sunday the 25th of October 2009, in the Basket Ball Court to transact the following business:
AGENDA
1. To pass the following resolution:
“Resolved that the decision and steps taken by the Board as detailed in the note circulated with this Notice, to file a petition on behalf of the Association, to implead as a plaintiff in OS No. 6669 / 2008 and OS No. 8416 / 2008 pending disposal in the Court of Addl City Judge, Bangalore (CCH6) as also to join as Plaintiff in these two Suits in response to Public Notice published in The New Indian Express dated September 26, 2009, be and are hereby ratified. ”
2. To pass the following resolution:
“Resolved that the Board be and is hereby authorized to pursue appropriate legal remedies in any Court, or before any other authorities or any Forums in any of the matters set out in the note circulated with the Notice of this resolution, and that the President, Vice Presidents and the Secretary are severally authorized to do all acts, deeds and things as may be necessary and expedient to give effect to this resolution.”
3. To pass the following resolution
“Resolved that a budget of Rs. 2 lakhs is hereby sanctioned for the period up to the date of the next Annual general meeting to meet all the expenses in giving effect to the resolutions under items 1 & 2 of the Agenda of the Notice of this resolution and that a Report on action taken be placed by the Board before the Annual General meeting for adoption by the Members.”
For and on behalf of Board,
A.V.Venkatesh
Secretary
Notes:
1. While all the Owners are welcome to attend the meeting, only the members of the Association are entitled to participate in the proceedings.
2. A member entitled to attend and vote at the meeting is entitled to appoint a Proxy to attend and vote on Member’s behalf. The proxy is to be lodged in accordance with the directions of the Election Commission.
3. The attached notes explain the matters under each of the above resolutions.
Notes on the resolutions
Note on item 1 of the Agenda of Special General Meeting of the members to be held on 25/10/2009
In the ongoing Suits filed by the Save South City Group before the Addl City Judge under No OS 6669 / 2008 and OS No. 8416 / 2008, claiming protection of the common interest of all apartment owners, the court had passed interim injunction order preventing construction of compound walls.
However, the Court, by an order dated 17th August 2009, vacated the injunction order on the ground that sufficient number of owners have not joined the Suit, but granted liberty to the Plaintiffs to file a Representative Suit of owners to enable the Court to revisit the prayer for grant of injunction .
As a result, L&T immediately recommenced the construction of the wall on the eastern boundary. Since the interest of all apartment owners was at stake, and since there was no time to call for a General Body meeting, the Board took immediate steps to file a petition for impleading in the Suit. Simultaneously, in order to convert the suits to Representative Suits, the plaintiffs in the above Suits issued a Public Notice on September 26, calling upon interested parties to join the Suits. Since these Suits were coming up for hearing on October 3, and since there was no time to call for a General Body meeting, the Board took immediate decision to respond to the Public Notice.
In these circumstances, the above matter is being placed for ratification by the Members.
The Board strongly recommends approval of this resolution.
Note on Items 2 & 3 of the Agenda of the Special General Meeting of Members to be held on 25/10/2009
As you are aware, the disputes between South City apartment owners, Land Owner Sri Dinesh Ranka, and Developer L&T have been numerous and long standing.
Although SUGRUHA has continued and carried forward the process of discussions with the concerned parties at various levels so as to resolve the issues in the interest of the Members, these efforts have not yielded any positive result so far.
Hence, SUGRUHA has no alternative but to seek legal remedies without further loss of time. The Members will appreciate that, in the circumstances, time is the essence and the Board has to act promptly to defend or initiate quick action to protect the interest of Members.
Legal advice is being sought at every stage while deciding the course of action. It is not practically feasible to obtain the approval of the General Body at every stage. The legal action set out under item 1 of the agenda is an example of timely action initiated which is sought to be ratified by this meeting.
Besides, in order to meet the legal expenses of all actions concerning matters mentioned in this note and under item 1 of the Agenda, Rs. 2 lakhs is budgeted for sanction in this resolution. The annual report of action taken will be placed at the next Annual General Meeting for adoption by the Members.
In the light of the above, the Board strongly recommends approval of the Resolution by the Members.
For and on behalf of the Board,
(A.V.Venkatesh )
Secretary
Bangalore
Dated 4th October, 2009