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2005 Supreme(Bom) 1650

S.U.KAMDAR
Harish Commercial Premises Co-op. Soc. Ltd. – Appellant
Versus
Varsha Dinesh Joshi – Respondent


( 1 ) THE present petition raises an issue whether under the provisions of section 154 of the Maharashtra Co-operative societies Act, 1960 a power can be exercised to entertain second revision application. Before I deal with the aforesaid issue for the purpose of narration, few facts of the present case are necessary which are briefly enumerated as under:-

( 2 ) THE petitioner is a registered cooperative society of a commercial premises situated at 205/206, S. V. Road, Andheri (West), Bombay-50.

( 3 ) IT is the case of the petitioner that respondents before this court are the encroachers upon the open space of the society and have illegally and unlawfully built bakdas in the said premises and now seeking to be made as member of the petitioner society.

( 4 ) ON 05-08-1978 some persons including one Mr. Bitesh S. Sagar and Nanji devji Shah representing themselves as Chief promoter of the proposed Co-operative housing Society namely. Harish Premises Cooperative Housing Society (proposed) purchased the said plot of land and thereafter with the sanction of the corporation constructed a building. It is the case of the petitioner that in the construction of the building the entire FSI of t








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