JUDGMENT - 1. This is an application wherein the petitioner, the Malbar Hill Co-operative Housing society, prays that action against opponent No. 1 be taken under Sub-section (1) of Section 3 of the Contempt of Courts AM, 1952 (Act 32 of 1952), for the alleged contempt committed by him of the third opponent a Nominee of the Registrar, appointed under Section 54 of the Bombay Co-operative societies Act, 1925 (Act 7 of 1925).

2. The facts, in brief, are that the petitioner is a Cooperative Housing Society. Opponent Nos. 1 and 2, who are husband and wife, are members of the petitioner Co-operative Housing society, and at the material time were residing in two flats in the Societys premises called "Darshan Apartments" situated at Malbar Hill, Bombay, We are only concerned with the flat allotted to opponent No. 2, wife of opponent No. 1. The terms and conditions on which the, flat, namely, Flat No. B-21, was allotted to her were the initial payment of Rs. 6,001 towards the qualifying shares of the Society and membership tees, and, mere-after a payment of Rs. 580 per month. The allotment of the flat to second opponent was in 1954. Opponent No. 2 made the initial payment of Rs. 6,001 to th

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