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2019 Supreme(Bom) 929

R.D.DHANUKA
Varashree Narayan – Appellant
Versus
Sagar Tear Co-Operative Housing Society Limited – Respondent


Advocates Appeared:
Varashree Narayan (Petitioner In Person), Adv., Vivek Kantawala, Adv., Amey Patil, Adv., Vivek Sharma, Adv., Hetal Jobanputra, Adv., Vivek Kantawala & Co, Adv., Kedar Dighe, Adv.

JUDGMENT :

R.D. Dhanuka, J.

By this petition filed under Article 226 of the Constitution of India, the petitioner has impugned the order dated 5th April, 2011 passed by the Divisional Joint Registrar confirming the order dated 22nd July, 2005 passed by the learned Deputy Registrar rejecting the application filed by the petitioner for deemed membership under section 22(2) of the Maharashtra Co-operative Societies Act, 1960 (for short "MCS Act"). Some of the relevant facts for the purpose of deciding this petition are as under :

2. It is the case of the petitioner that by an agreement for sale dated 8th October, 1991 between Mohansingh Nainwal and the petitioner herein, the petitioner purchased a garage bearing no.56(II) admeasuring 200 sq. ft. in the basement of Dariya Mahal No.2, 80 Napeansea Road, Bombay - 400 006 on the terms and conditions recorded in the said agreement for sale. The said agreement was registered on 8th October, 1991. It is the case of the petitioner that Mr.Maliram Mittal constructed a residential building of the respondent no.1 and also constructed 110 garages including the said garage which was purchased by the petitioner on plots of land bearing plot bearing C.

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