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2018 Supreme(Bom) 1478

R.D.DHANUKA
Mohan Menghraj Shroff – Appellant
Versus
Deputy Registrar, Co-Operative Societies, Mumbai – Respondent


Advocates Appeared:
For the Petitioner: Mayur Khandeparkar along with Farid Karachiwala, Ms. Sneh Mehta, Mahek Chhada instructed by Wadia Ghandy and Co.
For the Respondent: S.H. Kankal, A.G.P., Murtuza Slatewala, N.N. Bhadrashete instructed by G. H. Keluskar

JUDGMENT :

By this petition filed under Article 227 of the Constitution of India, the petitioner has impugned the order passed by the respondent No. 1 dated 10th August, 2017 allowing the Intervention Application No. 30 of 2017 filed by the respondent Nos. 3 and 4 in the Application No. 4973 of 2016.

2. It is the case of the petitioner that the deceased Mr. Amar Menghraj Shroff who was the brother of the petitioner had applied as tenant in common for five shares with one Mr. Laxminarain V. Shroff bearing Nos. 166 to 170 in respect of the Flat No. 35 on the 9th floor, Guide Building, Nepean Sea Road, Malabar Hill, Mumbai 400 006. The said deceased Mr. Amar Menghraj Shroff along with Mr. Laxminarain V. Shroff filed a nomination form with the respondent No. 2 society on 2nd August, 1975 and thereby nominating the petitioner as nominee for 50% share of the said Mr. Amar Menghraj Shroff in the said premises. In the said nomination form insofar as nominees are concerned, the name of the respondent No. 3 was mentioned whereas the name of the petitioner as nominee was at serial No. 2. Both the original members expired.

3. The petitioner made an application under section 30(1) read with sectio




















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