( 1 ) THE Petitioners have applied for issue of a writ of certiorari in respect of the order of the Deputy Joint registrar, Co-operative Societies, Mumbai-Respondent No. 1, dated 16. 5. 2006. The order is in respect of expulsion of respondent Nos. 3 and 4 as nominal members of the petitioner-Society. The expulsion decided in the Special general Body meeting of the Petitioners was approved by the 1st Deputy Registrar, Co-operative Societies. The respondent, under the impugned order, has set aside the said order and refused to approve the expulsion of respondent Nos. 3 and 4 under Section 35 of the maharashtra Co-operative Societies Act, 1960 (MCS Act) read with Rules 28 and 29 of the Maharashtra Co-operative societies Rules (MCS Rules ).

( 2 ) THE Petitioner Society's building has been constructed by one Bakhtawar Construction Company as the builder and developer under an Agreement dated 31. 3. 1975 executed by the developer with the owners of the land and the supplemental Agreement dated 14. 8. 1995 similarly executed. The developer entered into agreements with the flat purchasers of the Petitioner-Society. The drafts of those agreements are stated to have been approved by the owners.

( 3 ) CLAUSE 41 of the said Agreement relates to the intention of the builders to sell the parapet wall of the terrace and blank walls on the external periphery of the buildings, referred to as the premises/space for the purpose of the advertisement by way of hoardings and display of neon lights thereon. The sale was to be to the members who would be admitted as nominal members of the Society. Pursuant to the said clause, the Petitioners are deemed to have had knowledge of the user of the said premises as shown therein. Respondent Nos. 3 and 4 were made nominal members of such premises/space.

( 4 ) THIS was pursuant to 2 separate Agreements entered into by the builder and developer with Respondent Nos. 3 and 4 dated 17. 1. 1979 and 8. 1. 1980 prior to the registration of the Society.

( 5 ) THE Petitioner-Society came to be registered on 19. 4. 1980. Respondent Nos. 3 and 4 were admitted as nominal members of the Society in the first Annual General Meeting of the society held on 9. 10. 1980.

( 6 ) AS far back as on 23. 2. 1982, the Petitioners had sent a notice to Respondent Nos. 3 and 4 to stop using the blank walls of the building for putting up hoardings.

( 7 ) THEY have filed a Suit against the owners, the builders/developers as well as Respondent Nos. 3 and 4 in this Court being Suit No. 514 of 1984 for declaration that clause-41 of their Agreements for purchase of flats was void and in excess of the authority conferred upon the builder/developer by the owners of the land and that the nominal membership of Respondent Nos. 3 and 4 herein was obtained by fraud and misrepresentation and was not binding upon the Petitioners and for other reliefs.

( 8 ) THE dispute with regard to the utilization of the said premises/space for the purpose of putting up hoardings is, therefore, two decades old. The contention that the space was so given and Respondent Nos. 3 and 4 were made nominal members thereby has been agitated since the last two decades. The knowledge of the rights claimed by respondent Nos. 3 and 4 as per Clause-41 of the Agreement of flats purchase to the members of the Petitioners which are disputed by the Petitioners has also been for the last two decades.

( 9 ) IT has been contended by the Petitioners in the aforesaid suit as well as in this Petition that an undertaking came to be filed by the developer/builder that they would surrender, inter alia, the right on the parapet wall of terrace and blank walls on the external periphery of the Petitioners' building. It is also contended by the Petitioners that such undertaking came to be filed by them with the BMC. A copy of the undertaking, Exhibit-A to the Petition, is shown to be dated 18. 12. 1979. It is not mentioned or shown when the same is filed.

( 10 ) COUNSEL on behalf of Respondent No.

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