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2005 Supreme(Bom) 515

D.G.DESHPANDE
LOURDES CHANDRAHAS SHETTY – Appellant
Versus
VISHAL KONKAN CO-OPERATIVE HOUSING SOCIETY LTD. – Respondent


Judgment

( 1 ) HEARD advocates for the petitioners and respective respondents. The facts giving rise to this petition are as under :- respondent No. 1 is the Co-op. Housing Society. Petitioner No. 1 was the chairman and petitioner No. 2 was the secretary of the society. They were legally bound to convene General Body Meeting, therefore, they called General Body meeting of respondent No. I/society for the year 2000-01 on 4-8-2001. Accordingly, the meeting was held on that day. Subject on the Agenda was discussed but the meeting could not proceed further because of chaotic condition or situation created by some members and, therefore, the meeting was called off. Two letters thereafter were sent by the petitioners to respondent No. 2 to depute somebody so that meeting could be successfully or peacefully held. But no steps were taken by respondent No. 2. Thereafter the meeting was called by the petitioners on 10-11-2001. All the remaining subjects were discussed on that day.

( 2 ) HOWEVER, thereafter respondent No. 2 initiated action against the petitioners under section 78 of the Maharashtra Co-operative Societies Act (hereinafter referred to as "the Act"), and they disqualified under























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