Case Summary
B.Venugopal, the plaintiff, filed a petition against the D.D.Golden Gate Apartment Owners Association and its Secretary regarding a demand for dues related to his tenure as Secretary. The plaintiff claims he was wrongfully accused of causing a financial loss to the association without being given an opportunity to defend himself.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to use shared services provided by the respondents.
Case Type
Civil Suit
Final Judgment
No
The court found that the actions taken against the plaintiff were arbitrary and allowed the plaintiff to use shared services pending the resolution of the case. IA No. 2/2024 was closed as the generator backup was restored.
Why Plaintiff Won:
Court found that the plaintiff's rights to common amenities were violated and he was entitled to them.
Court found that the plaintiff's rights to common amenities were violated and he was entitled to them.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The balance of convenience is found in favour of the petitioner and it is also satisfied that the petitioner would suffer irreparable loss and hardship if the relief sought for is not granted.
Judgment Evidence:
In the result, I.A.No. 1/2024 is allowed. The respondents are thereby restrained from preventing the petitioner from using any of the shared services provided by the respondents pending the disposal of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- B.Venugopal
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- D.D.Golden Gate Apartment Owners Association
- Relation
- represented by its Secretary
- Party Role
- Defendant
- Party Name
- The Secretary, D.D.Golden Gate Apartment Owners Association
Plaintiffs Documents
Copy of Bye laws of DD Golden Gate Apartment owners association, Copy of annual general body meeting minutes of DD Golden gate Apartment owners association, Copy of enquiry report of the subcommittee, Demand notice issued by the secretary to the plaintiff, Copy of the minutes of the meeting DD Golden Gate Apartment owners association.
Defendants Documents
True copy of the Bye law of the 1st defendant association, Printout copy of email issued to the builder, Printout of the reply email from the builder, True copy of the compromise petition filed in CMA no. 87 of 2019 before the First Additional District Court -II, Ernakulam, Printout copy of the email seeking explanation from the plaintiff by the treasurer.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.P.Madhavankutty
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anantha Krishnan A Kartha
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Karthik Bhavadasan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Deepak B
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Requested to restrain the respondents from preventing the petitioner from using shared services.
Evidence:
Hence, the petition is to be dismissed.
Relief Type:
Mandatory Injunction
Outcome:
Not Decided
Description:
Requested to restore the generator backup that was discontinued.
Evidence:
No conclusive finding is to be arrived upon in point No. 2.
Documents & Evidence
Document Type:
Bye laws of DD Golden Gate Apartment owners association
Submitted By:
Plaintiff
Relevance:
The document details the operational guidelines for the association, which the petitioner argues were violated.
Reference:
Ext.A1
Document Type:
Minutes of annual General body meeting
Submitted By:
Plaintiff
Relevance:
Provides context for the operations and decisions made during the association's meetings.
Reference:
Ext.A2
Document Type:
Enquiry report of the subcommittee
Submitted By:
Plaintiff
Relevance:
Details findings of the subcommittee regarding the alleged misappropriation by the petitioner.
Reference:
Ext.A3
Document Type:
Demand notice issued by the secretary
Submitted By:
Plaintiff
Relevance:
The notice outlines the claim against the petitioner for financial loss caused to the association.
Reference:
Ext.A4
Document Type:
Minutes of the meeting
Submitted By:
Plaintiff
Relevance:
Summarizes the decisions made by the managing committee regarding the inquiry into the petitioner’s actions.
Reference:
Ext.A5
Document Type:
Bye laws of the 1st defendant association
Submitted By:
Defendant
Relevance:
Serves as a reference for the authority to form subcommittees and conduct inquiries.
Reference:
Ext.B1
Document Type:
Email issued to the builder
Submitted By:
Defendant
Relevance:
Contains communication related to the maintenance charges relevant to the investigation.
Reference:
Ext.B2
Document Type:
Reply email from the builder
Submitted By:
Defendant
Relevance:
Provides additional context to the correspondence with the builder concerning dues.
Reference:
Ext.B3
Document Type:
Compromise petition filed in CMA no. 87 of 2019
Submitted By:
Defendant
Relevance:
Adds to the background of legal proceedings involving the association.
Reference:
Ext.B4
Document Type:
Email seeking explanation from the plaintiff
Submitted By:
Defendant
Relevance:
Inquires about the plaintiff's actions regarding the maintenance charges.
Reference:
Ext.B5
Document Type:
Questionnaire regarding loss caused to the association
Submitted By:
Defendant
Relevance:
Details the inquiry into claims against the plaintiff for the alleged financial loss.
Reference:
Ext.B6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Misappropriation of funds
Case Code
Case between B.Venugopal vs D.D.Golden Gate Apartment Owners Association et al regarding financial loss and demand for dues
Case Code Year
Case between B.Venugopal vs D.D.Golden Gate Apartment Owners Association et al regarding financial loss and demand for dues