7. Meeting Minutes Dated 12 Feb 2021

27 August 2021

APPROVED MEETING MINUTES DATED 12 FEB 2021

Minutes of Meeting

Meeting Name Governing Body Meeting
Date of Meeting 12 Feb 2021
Time of Meeting 09:00 PM
Location  Office: 803, Tower 8, Zen Spire, Ramprastha Green, Sector-9, Vaishali, Ghaziabad, Uttar Pradesh Pin Code – 201010 and attended Virtually at Zoom Meeting
Meeting Chaired By Mr. Ram Pukar Maurya – at registered office
Meeting Attendees Mr. Sunil Kumar Sharma, Mr. Rajeev Malhotra, Mr. Sanjeev Gupta, Mr. Bobby Kalra,

Mr. Moher Singh, Mr. Chakit Singhal, Mr. Amit Garg – attended Virtually at Zoom Meeting
Absent Members Mr. Dev Raizada

A special meeting of governing body was called up on short notice by issuing notice through emails and whatsapp messages and Agenda of the Meeting and the decisions taken are as below:

Agenda No. Particulars  Resolution
1. Review of Allahabad High Court Order dated 09 Feb 2021 in matter WRITC-6049/2020 where member homebuyers are impleaded as party. Honorable High Court of Allahabad’s order in matter of Writ C-6049/2020 was read and all members of the governing body were satisfied with outcome as homebuyers were impleaded by court to hear them in the matter. Matter was expected to go on probably for long but efforts of local counsel Ashish Singh appearing on behalf of Adv Lokesh did an excellent job and homebuyers were impleaded without issuing a notice to other parties.
2. Approval of Professional Fee invoice of Rs. 400,000/- of Advocate Lokesh Bhola as per signed agreement with him as well as approved in 1st Governing Body Meeting dated 24th June 2020. Payment for Advocate Lokesh Bhola’s fee was approved by all present members as per agreement signed between homebuyers represented by President Mr. Maurya and Adv Lokesh Bhola. As per agreement payment terms state as below:Payment Terms

  • Rs.100,000/- (Rupees One Lakh only) – Initially with documents for drafting and filing of Application in court. (Paid in advance vide Bank Transfer dated 28.06.2020 from Axis Bank Account of Mr. Sunil Kumar Sharma, one of the petitioners in case of subject matter)
  • Rs.100,000/- (Rupees One Lakh only) – Upon court issuing notice of our application to other parties in the case.
  • Rs.100,000/- (Rupees One Lakh only) – On the date of Arguments for impleading Allotees in the case.
  1. Rs.200,000/- (Rupees Two Lakh only) – Upon getting impleadment direction from the high court to participate in Petition in subject matter.

Stages mentioned in payment 2,3, and 4 were achieved in single hearing date, hence payment of remaining Rs. 4 Lakhs were due to be paid as full and final, hence members agreed to release the payment. All present members of Governing Body present in meeting authorized Mr. R P Maurya (President) and Mr. Bobby Kalra (Treasurer) to release the payment within 3 days.

Mr. Rajiev Malhotra raised concern that if Adv. Lokesh Bhola will attend further hearings or not as full payment will be done and agreement seems to be over. Mr. Sunil Sharma clarified that point no. 2 in agreement clearly states that Advocate Lokesh Bhola will continue to attend hearings and represent homebuyers till the final order is issued by honorable High court of Allahabad.

Still Mr. Rajiev Malhotra, Mr. Bobby Kalra suggested that a reassurance and reconfirmation email or letter shall be received from Advocate Lokesh Bhola for comfort of members and to be clear on this point in engagement agreement and other members concurred with same. Mr. Sunil Sharma confirmed and agreed to communicate same with Advocate Lokesh and seek reconfirmation and reassurance through email on same at earliest.

Mr. Bobby Kalra confirmed that invoices issued by Mr. Lokesh Bhola in his personal name and using his personal PAN Card No. are approved by CA of Society as proper, as sent by Adv. Lokesh Bhola on 12th February 2021.
3. Discussion on way forward in Allahabad High Court case and further consultation with Advocate Lokesh and directions to him. Matter of how to go forward and what strategies shall be adopted on next hearing was discussed, so as matter shall not be closed by Allahabad High Court just by settling the main question of writ, which is whether lease of land shall be cancelled or not based on merits of case, leaving homebuyers to approach other forums for resolution such as RERA or NCDRC.

Mr. Rajiev Malhotra was asked to put together detailed points discussed, in written and submit with Governing Body, which can then be discussed with Adv. Lokesh and his team to make sound, forceful and strategic arguments to avoid such a scenario and achieve the objectives of 

  • Ordering Forensic Audit of JAL’s accounts and to unearth disappearance of home-buyers money by appointing credible third-party Audit Firm proposed by homebuyers.
  • Seek bonafide of both JAL and YEIDA to develop the project, which has been main objective of Public Land been acquired on cheap rates by Public authority and then leased on cheap prices to a Private builder for development of Sports City for public good as per lease agreements signed between Public Authority and Private Builder. JAL shall be asked to deposit required funds for development of the project in an escrow account with High Court monitoring so as to secure interests of homebuyers.
  • Issue appropriate directions to YEIDA and JAL to give uppermost priority to homebuyers in the matter.

Mr. Sunil Sharma also requested members of governing body that at least two members shall travel to Allahabad for being present in hearings going forward till matter is decided and society shall bear the expenses of travel and lodging, wherever necessary. This was agreed and approved.
4. Procedural discussion for Special General Body Meeting on 13th February 2021. Matter was discussed and it was agreed that Special General Body Meeting will be led by Mr. Sunil Sharma and Mr. Sanjeev Gupta and keeping in mind the limited time for each slot of meeting strict time plan for each resolution shall be enforced and no questions outside the agenda of meeting shall be entertained.

Meeting on Zoom shall be recorded, and attendance of members confirmed and kept as a record.

Any questions other than agenda can be asked if time is available or in Telegram Group of Society, which can be answered by members of governing body appropriately.
7.  Any other matters allowed with permission of President of society. No other matter was discussed, and meeting ended with vote of thanks by President at 11.00 PM.