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2023 Supreme(Bom) 1860

SUNIL B. SHUKRE, MANISH PITALE, RAJESH S. PATIL
Shilpchintamani Co-operative Housing Soc. Ltd – Appellant
Versus
Prasad Govindrao Jamdar – Respondent


Advocates appeared:
Nilesh Wable, Advocate, Mahesh Arjun, Advocate, Umesh R.Mankapure, Advocate, Pradeep D.Dalvi, Advocate, Priya Dalvi, Advocate, Kuldeep S.Patil, Advocate, P.P.Kakade, Advocate, M.P.Thakur, Advocate

JUDGMENT/ORDER

MANISH PITALE, J. - The present reference has come up for consideration before this Bench pursuant to order dtd. 7/12/2011, passed by a learned Single Judge of this Court. A perusal of the said order shows that in paragraphs 6 to 9, the learned Single Judge discussed the reasons why such a reference was made. Although the question for reference is not specifically framed in the referral order, a proper reading of the said order shows that the following question arises for consideration before this Bench:-

<WXY>"Whether the Full Bench judgement of this Court in the case of Shireen Sami Gadiali and another Vs. Spenta Cooperative Housing Society Limited and others, 2011 (3) Mh.L.J. 486 had correctly answered the question for consideration before the Full Bench, concerning maintainability of second revision application under the provisions of the Maharashtra Co-operative Societies Act, 1960 (MCS Act), in view of the judgements of the Supreme Court in the case of Ishwar Singh Vs. State of Rajasthan, (2005) 2 SCC 334 and Gurudassing Nawoosing Panjwani Vs. State of Maharashtra, (2016) 2 SCC 213?"</WXY>

2. A very brief reference to the facts leading to filing of the present wr

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