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2011 Supreme(Bom) 483

R.V.MORE, D.K.DESHMUKH, ANOOP V.MOHTA
Smt. Shireen Sami Gadiali – Appellant
Versus
Spenta Co. op. Hsg. Soc. Ltd. – Respondent


Advocates appeared:
For the Petitioners:D.S. Joshi, R.M. Haridas i/b P.N. Joshi, Advocates. For the Respondents: S.R. Nargolkar, Addl.G.P.

JUDGMENT :-

D.K.DESHMUKH, J.

1. The questions of law that have been referred by the learned single Judge in these two petitions relates to the provisions of Section 154 of the Maharashtra Co.operative Societies Act therefore, they can be conveniently answered by a common judgment.

2. The questions of law referred in Writ Petition No. 6403 of 2010 are

1. Whether Sub-section (1) of Section 154 of the Maharashtra Co-operative Societies Act, 1950 gives concurrent jurisdiction to the Registrar and the State Government to exercise power?

2. Whether the power of revision under Sub-section (1) of Section 154 of the said Act can only be exercised once and cannot be exercised twice over?

3. The questions of law referred in Writ Petition No. 7293 of 2010 are,

1. Whether the remedy under Section 154 of the Maharashtra Co.operative Societies Act, 1960 is available to an aggrieved party as a matter of right?

2. Whether the remedy available under Section 154 of the said Act can be said to be efficacious and adequate remedy?

3. The questions of law referred in Writ Petition No. 6403 of 2010 are hereinafter referred to as the First question and the questions of law referred in Writ Petition No
























































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