3. Meeting Minutes Dated 26 Sep 2020

Members present – 7

Associates Limited, Yamuna Expressway Industrial Development

Authority, RBI and Loaning Banks and all other necessary parties to seek justice for members of

society.

Lahoty ji has also opined that it is difficult to achieve same relief as Amrapali and there are 50:50 chances that our petition will be heard by court but we shall give it a try as we are already in worst situation.

Mr. Lahoty has also opined that we should be present before NCLT where application of ICICI Bank for Insolvency proceedings is pending and apprise NCLT of presence of homebuyers on the matter so that no harsh or adverse decision is given affecting our fundamental rights.

Chakit Singhal was of view that in present circumstances and present facts Supreme Court will not accept our application and will ask us to first exhaust other available remedies such as NCDRC, RERA and High Court before coming to Supreme Court. Also, there is no parity between Amrapali / Unitech matters and our matter as those companies were already under insolvency and IRP was appointed. 

also, In Chitra Sharma matter, SC has already heard JAL customers at the time of ordering deposit of 750 Cr for JIL customers and thus how it can be ordered otherwise now.

Sunil Sharma advised that we will always have that opportunity to approach SC under Article 136 if we do not get a favorable relief from other forums such as NCDRC and Allahabad High Court but we should take a chance to even if it is 50:50 to approach SC under article 32 as we are not sure how much time NCDRC case will take and looking at present trend of long dates given by NCRDC it seems futile to waste time and that it will involve at maximum Rs 10000/- per member if case moves ahead and if we are able to mobilize more members this amount can be much lower so financial risk is minimum.

Rajiev Malhotra raised the point that in case if SC declines to accept our petition under article 32 as Adv. Lahoty has suggested, will we be able to approach Supreme Court again and it was clarified by both Chakit Singhal and Sunil Sharma that we can always move to Supreme Court under article 136 if we do not get a favorable relief from NCDRC, High Court or RERA as it happens normally. If facts change again that after exhausting all available remedies or if JAL goes into insolvency where our right to get a home is in danger, we can again approach SC citing Article 32.

Sanjeev Gupta advised that we should put this matter in front of 150 members of the society and get a vote to go ahead or not and it was agreed by all 7 members that this should be done as all members has to be onboard with decision.

Finally it was agreed that yes going to Supreme Court is a risk in terms of application getting dismissed and initial fee paid to Lahoty ji will be a waste and if this risk is worth the amount involved.

Finally, matter was put to vote and 6 members agreed to go ahead with filing the petition in court under article 32 while 1 member voted against it.

Resolution is passed to go ahead with putting the proposal of filing writ petition in SC, in front of all of 150 General Body Members of society with all details and take next steps based on results of voting by General Body Members.

and has thereafter applied for membership of society by submitting

prescribed application form as required.

Out of 155 members who joined Allahabad High Court case initially, 9 are founding members, 141 has applied for membership and 1 has withdrawn from case and group while 4 has not submitted application for membership of society, these applications has been checked and verified together with necessary documents by General Secretary, Deputy Secretary and Vice President and approved for membership. Application Forms are received as scanned copies of originals through email due to Covid Pandemic safety precautions. These 141 new applicants and 9 Founding members has already contributed for membership fee, Rs 5000 per member and referring to previous meeting minutes.

All 7 present members of governing body agreed, and resolution was adopted that 141 applicant members are approved and accepted as members of society as per Annexure 1 attached here.

General Secretary and Deputy Secretary are authorized to make entries into prescribed Membership Register of society for these members.

Treasurer shall issue payment receipts of membership subscription fee to these members.

President and Vice President shall send welcome letters to members, welcoming them into the society.