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2009 Supreme(Bom) 802

NISHITA MHATRE
Mohanlal Bhagwan Pandey – Appellant
Versus
Apurva Co-op. Hsg. Soc. Ltd. – Respondent


Advocates appeared:
For the Petitioner:P.G. Karande, Advocate. For the Respondents:R1, R.M. Nakhawa i/b. Vasant Dhawan, Advocates.

Judgment:

1. The Petition has been filed to challenge the order passed by the Maharashtra State Co-operative Appellate Court in Appeal No.116 of 1991 which has been passed against the order of the Deputy Registrar, Co-operative Societies, ‘D’ Ward, Bombay dated 22nd/23rd May, 1990.

2. The petitioner claims that he is in possession of a self contained tenement bearing Room No.1 in the respondent No.1-Society. He contends that he is a member of the Society, despite which the share certificate has not been issued to him by the Society. According to the petitioner, he has been occupying the premises and has been inducted into the room pursuant to consent terms arrived at between himself and the builder who was the promoter of the Society. These consent terms were filed in R.A.D. Suit No.996 of 1981 before the Small Causes Court. According to the petitioner, he has also paid the contribution of Rs.251/- towards shares of the Society. He claims that he became a promoter member of the respondent No.1-Society. The petitioner contends that despite having complied with all the necessary formalities, the respondent No.1-Society has failed to issue him a share certificate. In the circumstances











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