JUDGMENT :

1. Heard finally by consent of parties.

2. Petition takes exception to order dated 18.03.2023 passed by the Co-operative Court in dispute Application No.CC/III/118/2023 (for short ‘dispute’) filed by Respondent Nos.2 and 3 under the provisions of Section 91 of the Maharashtra Co-operative Societies Act, 1960 (for short ‘MCS Act’).

3. Petitioner is a Co-operative Housing Society having 47 members. Respondent Nos.2 and 3 are members of the Society residing in flat Nos.10 and 16 therein. Admittedly, Society building is more than 70 years old and dilapidated. Petitioner Society is the owner of the plot land on which the Society building is standing.

4. Following facts are relevant for the purpose of adjudication of the present Writ Petition.

(i) In 2017, Petitioner – Society decided to go for the redevelopment. In the General Body Meeting held on 05.02.2017, members of the Society decided and passed the resolution in that respect. Project Management Consultant (for short ‘PMC’) was appointed after following the due process of law. Sometime in August, 2017 pursuant to General Body resolution, PMC floated a tender by public notice and invited offers for redevelopment. Initially