ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The registration of the Maiden Heights Apartment Owners Welfare Association under the provisions of the Karnataka Societies Registration Act, 1960 has been questioned before this Court in W.P.No.23487/2023. However, in the order dated 19.09.2024 this Court granted liberty to respondent No.3 - Association, to register the association within two months under the Karnataka Co-operative Societies Act, 1959.
2. The provisions of the Karnataka Co-operative Societies Act,1959 are not applicable to the association consisting of the residential units and therefore, the association is under an obligation to file a declaration under the provisions of the Karnataka Apartment Ownership Act, 1972.
3. The petitioner's grievance is that all the owners of the unit in the apartment are not coming forward to file a declaration under the said Act and therefore, the maintenance
- 3 -
of the apartment complex has came to a stand still and the bank account of the association has been frozen by the respondent No. 3 - ICICI Bank.
4. Respondent No.2 - Registrar of Co-operative Societies, is the competent authority under the Act, 1972 and therefore, respondent No.2 is directed to appoint a Returning Officer to conduct elections for all 11 positions in the governing body to the Maiden Heights Apartment Owners Welfare Association within three months, from today.
5. The expenses to be incurred for conducting the election and necessary fees to be borne by the said Association.
6. Respondent No.2 is directed to take necessary steps to defreeze the account of the association and make statutory payments and other payments for carry on day-to-day activities of the association.
7. With these observations, the petition stands disposed of.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
RKA
List No.: 1 Sl No.: 92
CT: BHK