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POWER OF ATTORNEY

TO ADOPT AND DEFEND LEGAL PROCEEDINGS

TO ALL TO WHOM THESE PRESENTS SHALL COME: We BANK


OF BARODA EMPLOYEES’ ARJUN CO-OPERATIVE HOUSING SOCIETY
LIMITED, (hereinafter referred to as “the Society”) duly registered under
the provisions of Maharashtra Co-operative Societies Act, 1960, vide
Registration No: BOM/HSG/4487 dated: 14/4/1975, and having
Registered Office at: Plot No: 39 (Part), Valnai Village, Tank Road,
Extension Shankar Lane, Orlem, Malad (West), Bombay – 400 064 ,
through its managing committee comprising of 1) Mr. G. R. AJGAOKAR-
The Chairman , 2) Mr. V. R. SURVE-The Secretary , 3) Mr. M. P.
ACHAREKAR-The Treasurer duly authorized by the minutes of the
meeting and resolution dated: ____________ SEND GREETINGS:

W H E R E A S:—

a) The Bank of Baroda Employees’ Arjun Co-operative


Housing Society Limited is a Co-operative Housing Society duly
registered under provisions of Maharashtra Co-operative Societies
Act, 1960 bearing No: BOM/HSG/4487 dated: 14/4/1975,
(hereinafter for the sake of brevity referred to as “the Society”);
b) Whereas we have entered upon an Agreement for
Development with one M/s Dhanshree Developers Pvt. Ltd,
hereinafter referred to as the “the Developers” having its registered
office address at: A/4, Sadichha C H S Ltd, Rokadia Lane, Off S. V. P.
Road, Borivali (West), Mumbai - 400 092, through its Director Mr.
Shankarrao A Borkar on 19/3/2008 Bearing Registration No: BDR-
5/2619/2008 after following procedure laid down in law;

c) The Developers have informed us that due to various legal


proceedings pending against various judicial forums the re-
development process could not be initiated. In view thereof it has
been decided that these presents is to be executed in favor of the
Developers for the sole purpose of taking appropriate action and/or
proceedings to resolve the legal proceedings as mentioned below to
enable the Developers to initiate the re-development activity:-

(Please mention the list of all the legal proceedings pertaining


to Arjun).

d) We intend to adopt and/or defend appropriate legal proceedings

before the competent authorities/courts as mentioned in Recital c)

hereinabove and others with a view to enforcing in a proper, valid

and subsisting effect to the Agreement for Development dated:

19/3/2008 Bearing Registration No: BDR-5/ 2619 /2008;

e) We being personally unable to attend to the said legal proceedings

and matters related thereto, we are desirous of appointing a nominee

of M/s Dhanshree Developers Pvt. Ltd, the Developers of the Society,

having Office Address at: A/4, Sadichha C H S Ltd., Rokadia Lane, Off

S. V. P. Road, Borivali (West), Mumbai - 400 092, who is fit and

proper person to look after and attend to our affairs relating to the

said legal proceedings in respect of Flat No: _______ so as to

obtain vacant and peaceful possession thereof.

NOW KNOW YE ALL AND THESE PRESENTS WITNESSETH THAT

WE Bank of Baroda Employees Arjun Co-operative Housing Society Limited,

through 1) Mr. G. R. Ajgaokar-the Chairman , 2) Mr. V. R. Surve-the


Secretary , 3) Mr. M. P. Acharekar-the Treasurer , respectively, of the

Society do hereby nominate, constitute and appoint Mr. SHANKARRAO

AMBRUSHI BORKAR, being the nominee of M/s Dhanshree Developers

Pvt. Ltd hereinafter referred to as “the Said Attorney”, to be our true

and lawful Attorney for and on behalf of the Society and to do or cause to

be done all acts, deeds, matters and things on our name and behalf with

respect to the aforesaid legal proceedings to be adopted by and/or against

us that is to say:-

1) To sign, declare, verify, affirm and file Plaints, Statement

of Claims, Replies, Affidavits, Appeals, Reviews, Revision,

Applications, Authorities, Interim Applications, Vakalatnamas and

writings of every description as may be necessary to be signed,

verified and executed for the purpose of any suits, actions, arbitration

proceedings, applications, references, appeals and proceedings of

every kind whatsoever before any Court of Law whether of Original,

Appellate, Testamentary or Revisional Jurisdiction or before any other

Judicial Authority or Tribunal or Arbitrators and to do all acts and

appearances and submit applications in any such proceedings

brought or commenced and to answer or oppose the same or obtain

Judgments or Decrees to be passed taken or pronounced or to

consent to the same in any such proceedings and to execute such

Decrees or orders as the said Attorney shall be advised or think

proper and also by or on my behalf to bid at the Auction Sales that

may be held under the powers reserved to us under any Mortgage,

Charge, hypothecation, lien etc. or under liberty granted by any

Court relating thereto and to bid at and purchase any movable and

immovable properties at such auction sales arising out of the said

litigation and to sign and execute applications, affidavits, agreements

or other necessary documents or writings relating thereto.

2) To appoint and engage Advocates, Solicitors, Counsel in

such proceedings and to agree to pay and pay their fees and cost and
to change and substitute them.

3) To do all necessary acts, deeds and take steps to properly

prosecute such proceedings including giving of evidence on my

behalf.

4) To compromise or refer to arbitration such legal

proceedings and for that purpose to sign all necessary documents as

may be required as also to do all acts and take steps in such

arbitration proceedings and to exercise all powers and authorities

granted herein to the said Attorney in such Arbitration proceedings.

5) And for removing any doubt as to the true meaning of

these presents or as to the construction or application of the powers,

authorities and discretion hereby conferred, we do hereby declare

that the powers, authorities and discretions hereby conferred shall be

restricted to the extent of contesting or institution of

litigations or proceedings in respect of and obtaining quiet,

vacant and peaceful possession the said two flats viz. flat of

A-19 standing in the name of Mr. Venkatesh Gadewar and flat

No: B-18 standing in the name of Mr. Bhatia and on behalf of

our Society. not in any case be deemed to be limited to the

transactions and matters as are herein expressly mentioned but the

same shall in all cases extend to any other matter or transaction not

herein precisely mentioned or stated and which may be required to

be exercised in the course of all acts to be done to secure interest of

the society with respect to the re-development of the society in the

said proceedings.

6) And we do hereby declare that the powers and authorities

and discretion hereby conferred upon the Attorney shall be available

for exercise by him both during my absence as also at the same time

and place along with us.

7) The signature of our above named “Attorney” for the


purpose of identification and as an acceptance of his appointment

hereunder along with his photograph is appended as below:-

Accepted by me;

(“The Attorney”)

AND We DO HEREBY for ourselves, legal representatives, executors

and administrators agree to ratify and confirm all and whatsoever our said

Attorney shall or purport to do or cause to be done only to get vacant

possession of flat No: A-19 and B-18 which are in the name of Mr. V

N Gadewar and Mr. H Bhatia by virtue of these presents.

IN WITNESS WHEREOF we have hereunto set our hands at _____

this _____ Day of ____________ Two Thousand ____.

Common Seal of the within named “SOCIETY” )

BANK OF BARODA EMPLOYEES’ ARJUN )

CO-OP HSG SOC LTD hereunder affixed through )

1) Mr. Mr. G. R. AJGAOKAR )

The Chairman )

2) Mr. Mr. V. R. SURVE )

The Secretary & )

3) Mr. Mr. M. P. ACHAREKAR )

The Treasurer )

of the resolution passed in the Special General )

Body Meeting held on __________ by the )

Signatories to their respective names in )

token of execution thereof )

in the presence of………… ) Before me,

Identified by me;

Notary
Advocate

**************************************
Dated on this ___ Day of ____________, 2010
**************************************

F R O M:

Bank of Baroda Employees Arjun Co-op


Housing Society Ltd “The Society”

TO

Dhanshree Developers Private Limited


“The Attorney”

========================
POWER OF ATTORNEY TO ADOPT

AND DEFEND LEGAL PROCEEDINGS

========================

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