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2007 Supreme(Bom) 1037

ROSHAN DALVI
ADERABAD CO-OPERATIVE HOUSING SOCIETY LIMITED – Appellant
Versus
DIV. JT. REGISTRAR, CO-OPERATIVE SOCIETIES – Respondent


Advocates Appeared:
Bilawala, JAI CHINAI, K.R.BELOSEY, RAJESH RATHOD, RITA BHATIA, SANJAY JAIN

( 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 owne







































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