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2004 Supreme(Bom) 1538

F.I.REBELLO
Dadar Avanti Co-operative Housing Society Ltd. – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - REBELLO F.I., J.: - By the present petition the petitioner society seeks to impugn the order dated 30th March, 1998 and 19th March, 2002 passed by the respondent Nos. 4 and 2 respectively being Exhibit "F" and "H" to the petition.

2. A few facts may be set out. Respondent Nos. 5 and 6 had filed appeals before the Deputy Registrar, Co-operative Societies, under section 22(2) of the Maharashtra Co-operative Societies Act, 1960. It was the case of the said respondents that they has applied for membership of the society. The respondents were informed by the petitioners by letter dated 16th November, 1988 and 20th November, 1988 that their application for membership is under consideration and legal opinion was sought for by the society. A request was also made to forward the original agreements, it was the case of the respondents that the petitioners did not communicate their acceptance within the stipulated period of three months from the date of receipt of the application and consequently they are deemed members of the petitioner society under section 22(2) of the M.C.S. Act. The petitioners by letter of May, 1989 intimated the respondents that their application for members


















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