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2011 Supreme(Bom) 1452

GIRISH GODBOLE
Mahalaxmi Majoor Sahakari Sanstha Mydt – Appellant
Versus
Kolhapur Jilha Majoor Sahakari Sansthancha Sangh Ltd. , Kolhapur – Respondent


Advocates Appeared:
For the Petitioner:Amit B. Borkar, Advocate.
For the Respondents:R1, P.S. Dani i/b. Chetan G. Patil, Advocates.

Judgment :

1. On 25th April, 2011 notice for final disposal of the Petition at the stage of admission was issued and accordingly I have heard Mr. Borkar Advocate for the Petitioner and Mr. Dani, Advocate for Respondent No. 1 who has entered appearance. Rule. Rule made returnable forthwith and heard by consent of the parties.

2. Petitioner is the original disputant in Dispute No. 629 of 2009 filed in the Cooperative Court No. 1 at Kolhapur. According to the Petitioner, the Opponent Nos. 2 to 42 Societies could not have been enrolled as members of the Opponent No. 1 Society and the Resolution No. 2 dated 26/3/2008 passed by the Managing Committee of the Opponent Society is void ab initio. The principal reliefs in the Dispute are a declaration that the Resolution No. 2 dated 26/3/2008 is void ab initio, illegal, ultravirus of the provisions of law of Opponent No.1; declaration that the Resolution No. 2 dated 26/3/2008 is incapable of being implemented and that no rights have accrued in favour of the Opponent Nos. 2 to 42 on the basis of the said resolution and a permanent injunction restraining the Opponent No. 1 from implementing the said resolution and for restraining the Opponent N


























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