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2013 Supreme(Bom) 267

B.R.GAVAI
New India Co-operative Housing Society Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:P.S. Dani, Shardul Singh, Viral Amin, Miss Meghna Vyas i/b. B.Amin & Co., Advocates.
For the Respondents:R1, S.D. Rayrikar, AGP, R2, R.V. Govilkar with Rahul Hakani, K.H. Hakani, Advocates.

JUDGMENT

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













































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