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2019 Supreme(Bom) 1275

G.S.KULKARNI
Punam Cooperative Housing Society Ltd. – Appellant
Versus
Alok Agarwal – Respondent


Advocates Appeared:
For the Appellant : Mr. Deepak Chitnis with Ms.Sonali Dalvi i/b M/s Deepak Chitnis Chiporkar & Co.
For the Respondent: Ms.Malika Taly with Mr.Nikhil Varma i/b M/s S.Mohamedbhai & Co., Mr. M.A.Sayed Assistant Government Pleader

JUDGMENT:

1. This petition under Article 226 of the Constitution of India, challenges an order dated 31.3.2019 passed by the Divisional Joint Registrar, Coop. Societies, Mumbai Division, Mumbai whereby a Revision Application filed by the petitioner under section 154 of the Maharashtra Cooperative Societies Act, 1960 (for short 'the MCS Act') against an order dated 10.10.2008 passed by the Deputy Registrar, Cooperative Societies, 'D' Ward, under section 23 (2) of the MCS Act granting membership of the petitioner's society to respondent nos.1 and 2, stands confirmed.

2. Briefly, the facts are :

The petitioner is a Cooperative Housing Society registered under the MCS Act.

3. Respondent no.1 is a purchaser of flat no.1 situated on the first floor of the petitioner's premises known as "Punam" situate at Malabar Hill Division, Nepean Sea Road, Mumbai alongwith a covered garage below the children's play area. (for short, the 'said flat'). Respondent no.2 is an Associate Member along with respondent no.1. Respondent no.1 purchased the said flat under a registered Deed of Transfer dated 30.5.2007 executed by the erstwhile owners of the flat namely Mr.Pratap Issardas Bhatiya, Ramesh Issardas Bha

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