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2018 Supreme(Bom) 1082

R.D.DHANUKA
Maitri Park Co-operative Housing Society Ltd. , (Regd. ) – Appellant
Versus
Virendra Khanna – Respondent


Advocates Appeared:
For the Petitioner: Ms. Sushma Singh, a/w. Ms.Priyanka Raul
For the Respondent: Ms. Rita D.Bhatia, a/w. Mohammed Manisha, Mr. J.A. Madane, A.G.P.

JUDGMENT :

By this petition filed under Article 227 of the Constitution of India, the petitioners have impugned the orders dated 12th July, 2005 and 21st October, 2002 passed by the Secretary (Co-operation and Marketing), Government of Maharashtra, Mantralaya, Mumbai and by the Deputy Registrar, Co-operative Societies, 'M' Ward, Mumbai respectively. Some of the relevant facts for the purpose of deciding this petition are as under :-

2. The petitioner is a co-operative society incorporated under the provisions of the Maharashtra Co-operative Societies Act, 1960 (for short the said MCS Act). The respondent no.1 is an associate member of the petitioner society. Mr.Kamal Kumar Khanna is the primary member and is occupying the flat situated on the 1st floor of Block no.B/13.

3. The buildings in the petitioner's society were constructed between 1966 and 1972. There were about 44 structures in the petitioner society out of which there are 32 buildings having only ground plus one structure. The rest of the structure are multi storeyed buildings having ground plus 2 to 4 floors. The ground plus one structures have four flats each. Two flats are on the ground floor and the remaining flats are o






































































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