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1998 Supreme(Bom) 328

B.P.SARAF, A.Y.SAKHARE
Om Siddharaj Co-operative Housing Society Ltd. . – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - Dr. B.P. SARAF, J.:---By this appeal the appellant Co-operative Housing Society seeks to challenge the order of the learned Single Judge dated 2nd March 1998 rejecting the writ petition of the appellant society against the order of the Minister of State (Co-operation) by which he allowed the revision application of the respondent No. 5 Pradeep Kamat and directed the appellant society to register the nomination of Mr. Kamat as nominee of the original member late Shri H.K. Desai.

2.The material facts of the case, giving rise to this appeat, are as follows :

The appellant is a Co-operative Housing Society. One of its members, Shri H.K, Desai, made a nomination on 7th December 1979 in favour of his wife Smt. Nalini.The said nomination was entered by the appellant society in its nomination register. On 15th June 1992, Mr. Desai sent another nomination in the prescribed form to the appellant society in favour of respondent No. 5 Shri Pradeep Kamat. Mr. Desai died on 15th July 1992. The society refused to register the nomination of Mr. Kamat on the ground, inter alia, that he was not a relative of the original member Mr. Desai. Mr. Kamat appealed to the Deputy Registrar, Co-opera


























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