The petitioner society takes exception to the concurrent orders i.e. order dated 10th May 2007 passed by the Divisional Joint Registrar, Co-operative Societies, Mumbai, thereby dismissing the revision application filed by the petitioner and upholding the order passed by Deputy Registrar, Co-operative Societies dated 7th August 2006 thereby allowing the application filed by respondent No.2 for declaring him as deemed member in respect of plot No.25 in the petitioner society.

2. The facts, in brief, giving rise to the present petition are as under:

The petitioner society is originally registered under the Bombay Co-operative Societies Act, 1925 and, now, deemed to be registered under the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as the “said Act”). The petitioner executed lease-deed in favour of one Dr. Randip O. Shah. By registered deed of assignment said Dr. Randip Shah assigned lease to one Harshad Patel on 14th June 1979. It appears that on account of nonpayment of municipal charges, the Bombay Municipal Corporation put the said plot along with building thereon for auction. The respondent No.2 was tenant of one of the apartments in the building, namely, Jivanjyot constructed on the said plot. He, therefore, negotiated the matter with said Harshad Patel. It further appears that there was litigation before the Bombay City Civil Court by virtue of Suit No.5393/2004 i.e. suit filed by one M/s. Shubham Construction Co. against Municipal Corporation; Harshad Patel and respondent No.2. In the said suit, consent decree was passed wherein said Harshad Patel agreed to sell plot No.25 to respondent No.2 for an amount of Rs.25 lakh. Accordingly, a deed of assignment was registered by said Harshad Patel on 10th December 2004 in favour of respondent No.2. The original member i.e. Harshad Patel and respondent No.2 applied to the petitioner society for transfer of share Nos.116 to 120 and certificate No.24 with right in plot No.25 in favour of respondent No.2 on 30th March 2005. The said applications, undisputedly, were made in the requisite form annexed to the Maharashtra Co-operative Societies Rules, 1961 (hereinafter referred to as the “said Rules” for short). Along with application form, a demand draft of Rs.25,000/- was also submitted. On 14th April 2005, a communication was addressed by the petitioner-society to respondent No.2 basically stating therein that the transfer fee offered was inadequate in view of regulation 6A of the Society. It was informed that on the face of it the application was not acceptable, however, the same would be kept before the Managing Committee. It is the case of the petitioner that the communication was addressed to Harshad Patel on 25th April 2005 stating therein that the Managing Committee had fully endorsed the views expressed in the letter dated 14th April 2005 and further authorised him to take necessary action so that society's interest is not harmed.

3. It appears that further communication was addressed to respondent No.2 by the Secretary of the petitioner-society on 11th November 2005 pointing out to him that he was already informed vide communication dated 14th April 2005 that his application has been rejected. On the basis of this communication, it appears that an application is filed by respondent No.2 on 14th December 2005 to the Deputy Registrar, Co-operative Societies for grant of deemed membership. However, another proceeding purported to be an appeal came to be filed by respondent No.2 before the Deputy Registrar. The Deputy Registrar vide order dated 7th August 2006 held that respondent No.2 had become a deemed member of the petition-society. Being aggrieved thereby a revision was preferred by the petitioner before Divisional Joint Registrar which also came to be dismissed. Being aggrieved thereby present writ petition is filed by the petitioner.

4. Heard Shri Dani, learned counsel for the petitioner and Shri Govilkar, learned counsel for respondent No.