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2014 Supreme(Bom) 178

V.M.KANADE, G.S.KULKARNI
Sushil Samir Co-operative Housing Society Limited – Appellant
Versus
District Deputy Registrar, Co-operative Societies – Respondent


Advocate Appeared:
For the Petitioner:S.U. Kamdar, Senior Counsel with Girish Dave, Monika Naik, M.V. Gupta, Hussain Somji i/b. Dave Girish & Co., Advocates.
For the Respondent:R1 & R7, Geeta Shastri, AGP, R4 to R6, Chirag Balsara, D.F. Sharma & Uma Sharma i/b. Dharam & Co., R3, Mayur Agarwal i/b. Bilawala & Co., Advocates.

Judgment :

V.M. Kanade, J.

1. Rule. Rule is made returnable forthwith by consent of parties. Heard the learned Senior Counsel appearing on behalf of the Petitioner, Shri Balsara, the learned counsel appearing on behalf of Respondent Nos.4 to 6 and the learned AGP appearing on behalf of Respondent Nos.1 and 7.

2. By this petition, which is filed under Article 226 of the Constitution of India, the Petitioner is challenging the impugned order passed by Respondent No.1 – District Deputy Registrar, Cooperative Societies, Mumbai City (3), who is the Competent Authority, appointed under section 5 of the Maharashtra Ownership Flats (Regulations of Promotion of Construction, Sale, Management and Transfer) Act, 1963 (for the sake of convenience, hereinafter referred to as “MOFA Act”). The Petitioner is aggrieved by the conditions imposed by Respondent No.1, in which it was observed that only after the said conditions are complied with, the deemed conveyance will be executed as per the provisions of Section 11 of the MOFA Act.

3. Brief facts, which are relevant for the purpose of deciding this petition, are as under:

Respondent No.3 was the owner of larger plot of land bearing CTS No. 57, admeasu































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