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2025 Supreme(Bom) 1393

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Lokmanya Pan Bazar Association Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellants : Chetan Kapadia, Rohan Agarwal, Harshavardhan Nankani, Deeksha Jani, Haleema Marchant, Jinay Jain
For the Respondents: V.S. Nimbalkar, Akash Menon, Anjana Vijay, Rajiv Singh, V.S. Vengurlekar, Nair Vengurlekar

JUDGMENT :

AMIT BORKAR, J.

1. The petitioner has filed the present writ petition to challenge the judgment and order passed by Respondent No. 2, the Competent Authority. By the said order, deemed conveyance has been granted in favour of Respondent No. 3 Society in respect of Buildings B and C together with the land admeasuring 2989 square meters on which the said buildings stand.

2. Relevant facts as narrated by petitioner: The petitioner company was incorporated on 12 June 1968 as a company limited by guarantee without share capital. At that time, its registered office was at Lokmanya Pan Bazar, Girgaum, Mumbai 400004. The Memorandum of Association contains clauses relevant to this dispute. Clause 4 permits the company to construct and develop land or premises for the use and benefit of its members. Clause 13 authorises the company to purchase or take on lease property essential for its activities and to acquire rights including Vahiwat and allied rights. Clause 115 permits the company to sell, improve, exchange, lease or otherwise deal with its property to earn income. The Articles of Association contain corresponding clauses governing administration and membership.

3. In 1969, the p

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