Case Summary
Jose John is the plaintiff seeking an injunction against the Golden Metro Apartment Owners Association and its members. The case concerns the exclusion of nine apartment owners from participating in an association meeting due to alleged arrears in service charges.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Injunction
Final Judgment
No
Why Plaintiff Won:
The court determined that the exclusion of the nine members from the election was arbitrary and that the defendants must provide details of the arrears to ensure a fair election.
The court determined that the exclusion of the nine members from the election was arbitrary and that the defendants must provide details of the arrears to ensure a fair election.
Judgment Evidence:
In the result, 1) Petition is allowed. 2) Defendants are directed to submit the details of arrears/defaulted payments of 9 members excluded from the final list of eligible participants to the general body meeting of the 1st defendant association.
Parties Involved
Plaintiffs
Jose John (61 years)
Mangalath House, Apartment No. 4B, Golden Metro Apartments, Near Petta Bridge, Petta East, Tripunithura P O, Pin- 682301
Defendants
Golden Metro Apartment Owners Association (Age not specified years)
KPV Golden Metro Apartments (Residential Area Building) Near Petta Bridge, Petta East, Tripunithura P O, Pin- 682301
Anoop P S (45 years)
Apartment 10-G, Secretary, Golden Metro Apartment Owners Association, registered office at KPV Golden Metro Apartments (Residential Area Building) Near Petta Bridge, Petta East, Tripunithura P O, Pin- 682301
K K Abdul Rahman @ Abdul Rahim (70 years)
Karuppam Veettil, Chamakkala Junction, Chanthropinni, Trichur District, Apartment No.2-B, President, Golden Metro Apartment Owners Association, registered office at KPV Golden Metro Apartments (Residential Area Building) Near Petta Bridge, Petta East, Tripunithura P O, Pin- 682301
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Defendants are directed to submit the details of arrears/defaulted payments of 9 members excluded from the final list of eligible participants to the general body meeting of the 1st defendant association.
Evidence:
Petition is allowed.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants are directed to publish the list of members ineligible to vote as per clause 11.3 and 18.4 of bye-law.
Evidence:
Defendants are directed to publish the list of members ineligible to vote as per clause 11.3 and 18.4 of bye-law.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants are directed to publish the details of arrears and list of ineligible voters within 7 days.
Evidence:
The defendants are directed to publish the details of arrears and list of ineligible voters within 7 days.