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2015 Supreme(Bom) 1438

ANOOP V.MOHTA
Vithalnagar Cooperative Housing Society – Appellant
Versus
Divisional Joint Registrar – Respondent


Advocates:
Advocate Appeared:
For the Appellant: Rohan Rajadhyaksha and Viral Amin i/by B. Amin & Co.
For the Respondents: Rajiv Mane, Addl. Government Pleader

Judgment

Anoop V. Mohta, J.

1. The matter was called out from final hearing board on 29.01.2015 and again on 02.02.2015, none appeared for Respondent No. 2. Heard the Petitioner and the learned Addl. Government Pleader on 02.02.2015 and kept today for further hearing and orders. Though called out twice, none appeared for Respondent No. 2 again. Therefore, I am inclined to dispose of the present writ petition as heard the parties as referred above.

2. The Petitioner-Society has challenged impugned orders dated 21.07.2010 and 27.07.2010 passed by the Divisional Joint Registrar, Cooperative Societies, Mumbai Division, Mumbai whereby rejected the Application of Respondent No. 2 dated 10.01.2010 treating it to be maintainable and then forwarded the same to the Deputy Registrar, Cooperative societies, K West Ward, Mumbai to take an appropriate decision expeditiously by invoking suo motu inquiry as contemplated under Section 83 of the Maharashtra Cooperative Societies Act, 1960 (The Act).

3. The decision on merits with regard to the members right, based upon an application by the third person, needs to be decided first in the present facts and circumstances of the case. Considering the scope












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