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2023 Supreme(Bom) 1382

SANDEEP V. MARNE
Mistry Park CHS Ltd. – Appellant
Versus
Bharat Prem Shivdasani – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. G.S. Gobbole, Senior Advocate i/by. Mr. S.P. Kanuga a/w. Ms. Sapna Math
For the Respondent:Mr. Mustafa Doctor, Senior Advocate a/w. Mr. Lalan Gupta a/w. Mr. Rohit Iyengar i/by. Mr. Shardul Amarchand Mangaldas co, Mr. P.P. Pujari, AGP

JUDGMENT :

1. Petitioner, a Co-operative Housing Society is aggrieved by order dated 18 October 2021 passed by the Deputy Registrar of Co-operative Societies directing refund of amounts recovered from Respondents No.1 and 2 in respect of Shop No.1 towards non-occupancy charges or to adjust the same from future maintenance bills. The order is passed in exercise of powers under Section 79(2) (b) of the Maharashtra Co-operative Societies Act, 1960 (Act of 1960). The Managing Committee of the Society is threatened with action under Section 154B-27(2) upon failure to implement the directives. Aggrieved by the decision of the Deputy Registrar, Petitioner-Society filed Revision before the Joint Registrar of Cooperative Societies, which is rejected by order dated 22 March 2022 upholding Deputy Registrar’s decision. Petitioner-Society is accordingly challenging the decisions of the Deputy Registrar and the Divisional Joint Registrar in the present petition.

2. It is Petitioner-Society’s case that on 8 March 1966, lessors of the plot executed a lease in favour of the Society and one of the conditions for lease in Clause-2(f) was not to use the building for any purpose other than as private res

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