APPROVED MEETING MINUTES DATED 13 MAR 2021
Minutes of Meeting
| Meeting Name | Governing Body Meeting |
| Date of Meeting | 13 MAR 2021 |
| Time of Meeting | 09:30 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 |
A regular bi weekly meeting of governing body was called up on as planned by issuing notice through 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 and 1st March 2021 in matter WRITC-6049/2020 where member homebuyers are impleaded as party. | Sunil Sharma briefed of discussions held with Adv. Lokesh and Adv. Ashish and present in Zoom Meeting Bobby Kalra to all members and clarified issued of sudden amends in court order on 1st March 2021, which was arranged between JAL and YEIDA advocates and our advocates were not intimated of same and Adv Lokesh stated that this order changes can not be challenged in AHC as the order is passed and also said that it is of little consequence to us if due payments of YEIDA are rescheduled and recomputed.
Sunil Sharma has shared a detailed question for clarification with Adv Lokesh as well as with members, and also line of arguments were put forward for hearing date when it happens. |
| 2. | Impleadment of Jaypee Sports City Welfare Society in matter representing members in Allahabad High Court Writ 6049/2020 through Impleadment Application. | It was discussed and resolved by all members that newly joined members from membership number 151 onwards is to be represented by society in WRIT-C/ 6049/2020 at Allahabad High Court and President and General Secretary are requested to make arrangement as per powers conferred to them as per byelaws of the society. President and General Secretary are also requested to take up the matter at other legal forums such as Real Estate Regulatory Authority, National Company Law Tribunal, Supreme Court of India or any other judicial court, tribunal or commission as required for all the members of the society going forward.
Resolution was adopted and approved by all members of governing body. |
| 3. | Discussion on NCLT matter | Matter of NCLT was taken up to discuss status of groups formed and further actions taken, but it was found out that Kove project has only 70+ members and still short of 100 minimum and 150 optimum willing members. Efforts has to be made to bring more members on board and process shall be kept on till optimum numbers of members are available.
Sunil Sharma also informed that Kassia Projects Registration shall be expiring on 30th June 2021 and it will be an option for Kassia Members to approach RERA and revoke the registration of Project under Section 7 and Section 8 of RERA and let RERA take over the Project and start construction of Project in same manner as done by Kalypso Court and Knights Court and it gives a hope of starting the construction and development of project, as an option. This will require minimum 400 allottees of Kassia to be members of society, as majority of allottees shall be agreeing for such a plan to be activated. |
| 4. | Filing of Fresh Writ at Allahabad High Court | After 1st March order of Allahabad High Court, where restructuring and recomputing of dues of YEIDA by Jaypee has been ordered, it gives us apprehension that YEIDA and JAL might settle the matter and JAL might withdraw the petition, leaving homebuyers in lurch, though chances of this are less as homebuyers are already accepted as party and they shall be heard before passing any order. Though Homebuyers will have recourse to approach SC in such a scenario, but Amit Garg suggested that we should prepare and go for a fresh writ in AHC only if such a situation comes.
All members agreed that we should start preparing for such fresh writ and engage an advocate and be ready for it. |
| 4. | Appointment of Legal Consultant of Society | Rajiev Malhotra recommended that we should engage an experienced advocate who can advise society as and when needed on various issues for various forums in order to get right and timely legal professional advice on issues of High Court, Supreme Court, NCDRC, RERA, NCLT or any other forum. This legal consultant should be on paid basis so that he can give professional written and proper advice, without any clash of interest.
It was proposed that we have advocates amongst us within society and may be should use their services instead of spending money on legal advice, it was agreed that any advocate who is member of society shall not be engaged with payment as this will not be right thing to do for a society member to be earning from activities of society, hence members of society can offer pro-bono advice but they shall not be paid by society for it. It was agreed that we should look for a legal consultant and till then seek advice from inhouse advocates. |
| 5. | Status of Membership of Society | Sunil Sharma updates members on number of members till date who has subscribed and approved of membership, which has reached 300+ and in last 3 weeks more than 90 members from Kassia project has joined and slowly there is increase in applications from Kove buyers also.
Sunil sharma advised of two teams which has been formed to trace and connect with Kassia and Kove homebuyers, which is helping and same shall be done with for other projects, so that more members can relate to society. |
| 6. | 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 11.30 PM. |