Bombay High Court
KHERNAGAR MAYUR CO OPERATIVE HOUSING SOCIETY LTD.versusADITYA ENTERPRISES AND 6 OTHERS
- Decided
- Disposal
- DISPOSED OFF
Holding
The court held that the appointment was improper and ordered the removal of the board member.
Summary
The petition was filed by Khernagar Mayur Co‑operative Housing Society Ltd. seeking the removal of an individual who had been allegedly appointed to its board in violation of applicable law. The petitioner contended that the appointment was wrongful and that the board member should be removed. The respondent, Aditya Enterprises and others, opposed the removal. The Court examined the claim and found that the appointment was indeed improper. Accordingly, the Court ordered that the person be removed from the board.
Issues considered
- Whether the appointment of the individual to the board of Khernagar Mayur Co‑operative Housing Society Ltd. was lawful.
- Whether the court has jurisdiction to order the removal of a board member in a commercial arbitration petition.
Subjects
- board removal
- corporate governance
- commercial arbitration
- contempt
- appointment validity
Judgment
Board Sr.No.:-10
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL ARBITRATION PETITION NO. 78 OF 2023
Khernagar Mayur Co Operative Housing Society....PETITIONER
Ltd.
V/S
Aditya Enterprises And 6 Others ....RESPONDENT
WITH
INTERIM APPLICATION LODGING NO. 1077 OF 2023
In
Commercial Arbitration Petition 78 OF 2023
Assets Care And Reconstruction Enterprises Ltd....PETITIONER
V/S
Khernagar Mayur Co-operative Housing Society....RESPONDENT
Ltd And Others
WITH
CONTEMPT PETITION IN COMMERCIAL DIVISION MATTERS NO. 25 OF 2024
In
Commercial Arbitration Petition 78 OF 2023
Khernagar Mayur Co-operative Housing Society....PETITIONER
Ltd
V/S
Aditya Enterprises ....RESPONDENT
Adv. R. Shah i/b Adv. Tushar Goradia for the Petitioner.
Page 1/2
CORAM : HON'BLE SHRI JUSTICE SOMASEKHAR
SUNDARESAN J
DATE : 18th August, 2026
P.C. :
Wrongly on board. Remove from the Board.
( ASSOCIATE )
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