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2005 Supreme(Bom) 459

D.G.KARNIK
Aderbad Co-operative Hsg. Scty. Ltd. – Appellant
Versus
Aspi Framroze Golwalla – Respondent


Judgment

( 1 ) HEARD the learned counsel for the defendant Nos. 8, 9 and 10 who have taken out this motion and the learned counsel for the plaintiff who opposes the motion.

( 2 ) IN the special general body meeting of the plaintiff's society held on 6th february, 2005 the members resolved to revoke/cancel the nominal membership of defendant Nos. 9 and 10. The plaintiff society thereafter approached the Deputy Registrar Cooperative Societies by an application under section 35 of the Maharashtra Co-operative societies Act, 1960 (for short 'the Act') for approval of the said resolution. Defendant nos. 8, 9 and 10 have taken out this motion praying for an injunction restraining the plaintiff society from prosecuting and proceeding with the said application made by it before the Deputy registrar.

( 3 ) LEARNED counsel for the defendant nos. 9 and 10 submits that the present suit has heen filed by the plaintiff society inter alia for a declaration that the defendant Nos. 9 and 10 have procured membership of the plaintiff society by fraud and misrepresentation and a further declaration that defendant Nos. 9 and 10 are not the members of the plaintiff society and/or are liable to be expelle




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