Vivekananda Law School Moot Court Society 23rd October 2015
1st Arguendo Moot Court Competition Moot Moot preposition
1. Orchestra Co-operative House Society Limited (hereinafter referred to as ‘the Society’) raised flats at 48/IE, Gariahat Road, Calcutta – Calcutta – 700019. 700019. Suneera Bhattarcharya became a member of the Society on 12.1.1987. She was issued share certificates bearing nos. 0047 and 0048. Based on the above membership she was allotted flat no. 5D for a consideration of Rs. 4 lakhs. The above flat measuring 900 sq. ft. comprised of three bed rooms, two bath rooms, one drawing-cumdinning room, a kitchen and verandah on the fourth floor. floor. The transfer of the flat no. 5D by the Society to Suneera Bhattacharya was approved by the Deputy Registrar, Co- operative Societies. 2. On 27.3.1991, Suneera Bhattacharya submitted her resignation and transferred from the Society in favour of Prachi Chowdhury (i.e., the defendan therein). On 15.4.1991, Suneera Bhattacharya executed an agreement for transfer of flat no. 5D to Prachi Chowdhury subject to the consent of the Society and the approval of the Deputy Registrar, Co-operative Societies, for a consideration of Rs. 4 lakhs. The Society having consented to the request of Suneera Bhattacharya sought the approval of the Deputy Registrar, Co- operative Societies through a letter dated 29.4.1991. In this behalf it would also be relevant to mention that Board of Directors of the Society had resolved in its meeting held on 16.2.1992, to accept the resignation of Suneera Bhattacharya, as also, the consequential transfer of the membership of the Society and the ownership of the flat to the name of Prachi Chowdhury. In the above resolution, the name of Prachi Chowdhury as a member of the Society was approved with effect from 9.1.1992. 3. The facts available also reveal that Partha Mukherjee (son-in- law of the defendant’s sister, and son of the plaintiff) occupied the petitioner’s flat. Partha Mukherjee was employed as Regional Sales Manager with Colgate Palmolive (India) Limited. On 9.3.1992, Colgate Palmolive (India) Limited, confirmed having taken flat no. 5D on lease and license, for a period of three years (with effect from 1.4.1992), for the residence of Partha Mukherjee. 4. On 29.6.1992, the defendant Prachi Chowdhury addressed a letter to the Secretary of the Society, requesting the Society to transfer flat no. 5D to the name of her nominee Sudha Mukherjee. The letter dated 29.6.1992 of Prachi Chowdhury, made some express factual
disclosures. Firstly, that she was not in good health. Secondly, that she was not in a position to move to Calcutta from Bombay in the near future. Thirdly, that Sudha Mukherjee was already residing in the flat in question along with Partha Mukherjee. Fourthly, that above nominee Sudha Mukherjee was her close relative. In addition to the request of transfer of flat no. 5D in favour of her nominee Sudha Mukherjee, Prachi Chowdhury also informed the Society through her letter dated 29.6.1992, that all municipal taxes and service charges in connection with the above flat should be collected from Sudha Mukherjee and clearly stated that the transfer of flat to Sudha mukhrjee was without any monetary consideration. 5. The Board of Directors of the Society in their meeting held on 14.2.1993, resolved to accept the resignation of Prachi Chowdhury, and to accept the membership of Sudha Mukherjee (in place of Prachi Chowdhury), and to seek the approval of the Deputy Registrar, Co-operative Societies for the transfer of flat no. 5D to the name of Sudha Mukherjee. 6. On 16.12.1994, 500 shares of Tata Chemicals Limited, 50 shares of Siemens, 500 shares of Indian Aluminium and 100 shares of I.T.C. Hotels, standing in the joint names of Partha Mukherjee and Sova Mukherjee (wife of Partha Mukherjee) were transferred to the name of Prachi Chowdhury. According to the defendant Prachi Chowdhury, the above transfer of shares was in lieu of loans extended by her to Partha Mukherjee. However, according to Sudha Mukherjee, the transfer of the above shares, constituted consideration paid on her behalf (by her son Partha Mukherjee) to Prachi Chowdhury in lieu of the transfer of flat no. 5D. 7. Prachi Chowdhury wrote a letter dated 28.2.1995 to the Secretary of the Society, that she had not received any reply to her letter dated 29.6.1992. She also informed the Secretary of the Society, that she had decided to return to Calcutta permanently. Accordingly, she informed the Secretary of the Society, that her request for transfer of flat to Sudha Mukhrjee should be treated as withdrawn. On the other hand, Sudha Mukhrjee filed a suit for declaring her title of ownership over the disputed flat. Th e sui t was decreed in her f avour against which Pr achi Ch owdhur y prefer an appeal i n th e H igh Court. Ar gue fr om both the sides.
