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CASE NO.: Appeal (civil)  1341-1342 of 2008

PETITIONER: Pankaj Karmakar & Ors.

RESPONDENT: Bengal Ambuja Housing Dev. Ltd. & Ors.

DATE OF JUDGMENT: 15/02/2008

BENCH: H.K. SEMA & MARKANDEY KATJU

JUDGMENT: JUDGMENT                               O R D E R (Arising out of SLP(C) NOS. 16894-16895/2007)                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     Leave granted.

       Although lengthy arguments have been advanced before us, in our view, the whole  controversy is confined to the question as to whether the election is to be held from  amongst members of eight towers  or including members of the 9th  tower.  We are not  inclined to go into the merits of the matter.  In the orders of the High Court dated 20th  February, 2007 and 30th April, 2007, it is clearly held that the election was to be  conducted from amongst the  members of   eight towers.  So far as the 9th tower is  concerned, it has been expressly held by the High Court that the legality of the  construction of the 9th tower is subjudice before a civil Court.  In our view, therefore,  members of the 9th tower  are not entitled to participate in the election till the trial  Court decide the issues. ..2/-

: 2 :         We, accordingly, dispose of these appeals by directing the Special Officer to conduc t  the elections  from amongst members of the eight towers.  It is clarified that only the   members of the eight towers shall participate in the election.  We direct the Special  Officer to conduct the elections peremptorily within a period of three months from  today.         To the aforesaid extent, the Orders of the High Court are set aside.  The appeals ar e  disposed off.  In view of the order passed above, the contempt proceedings are closed.