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2012 Supreme(Bom) 19

G.S.GODBOLE
Janardan Daji Naik – Appellant
Versus
Mahim Causeway Machhimar Co. op. Housing Society Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Uday Warunjikar, Advocate.
For the Respondents:R2, L.H. Patil, Advocate, R3, R.M. Patne, AGP, R1, None.

Judgment

1. Heard Mr. Warunjikar for the Petitioners, Mr. L.H. Patil for Respondent No.2 and Learned AGP for Respondent No.3. No one has appeared on behalf of Respondent No. 1 though duly served.

2. The controversy involved in this petition is very narrow. Respondent No.1 is the Society registered under Maharashtra Co-operative Societies Act, 1960. It is also admitted position that prior to its registration, the Petitioner was one of the promoter members. List of members was approved by the Director of Fisheries. It is revealed from the record that on 9th April, 1986 an agreement was entered into between the Petitioner and Respondent No.2 whereby Petitioner agreed to transfer all his shares and interests in the Society in favour of Respondent No.2. An affidavit to that effect was sworn by the Petitioner. On 10th April, 1986, an application was also submitted by the Petitioner to the Respondent No.1 Society indicating that instead of and in place of the Petitioner, Respondent No.2 should be admitted as a member of Respondent No.1 Society. There is no dispute about signing of this application and about the fact that Respondent No.2 had also submitted an application for being admitted











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