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2012 Supreme(Bom) 2360

B.P.DHARMADHIKARI
Rahul Enterprises – Appellant
Versus
Abhineha Park Sahakari Gruha Rachana Samstha Maryadit – Respondent


Advocates appeared:
For the Petitioners:G.S. Godbole, i/b. Drupad Patil, Advocates.
For the Respondents:R1, Dhananjay B. Lonkar, Advocate, R2, P.S. Cardozo, AGP.

Judgment :

1. By this petition, filed under Articles 226 and 227 of the Constitution of India, the petitioner-a proprietary concern engaged in business of development and construction has questioned the order dated 19th July 2012 passed by the Competent Authority and District Deputy Registrar, Co-operative Societies, Pune allowing “deemed conveyance” to respondent No.1society under the provisions of section 11(3) of the Maharashtra Ownership of Flats Act, 1963. The said Act hereinafter is referred to as “1963 Act”. The petitioner has also challenged registration granted to respondent No.1 as Tenants Co-ownership C0operative Housing Society on 19th July 2009 by Deputy Registrar, Cooperative Societies, Pune City (4), Pune under section 12(1) of the Maharashtra Cooperative Societies Act, 1960 (hereinafter referred to as “1960 Act” for short). The third Act with which this Court is concerned in the present matter is Maharashtra Apartment Ownership Act, 1970 which is referred to as “Apartment Act or 1970 Act” hereinafter.

2. The contention of the petitioner is that as in the agreement for development entered into between the parties the petitioner has reserved a right to either subject t















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