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2025 Supreme(Bom) 1398

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Foreshore Co-operative Housing Society Ltd. – Appellant
Versus
Divisional Joint Registrar of Cooperative Societies – Respondent


Advocates Appeared:
For the Appellants : N.N. Bhadrashete, Viresh Bhadrashete, Priyanka Bhadrashete
For the Respondents: Hamid D. Mulla, Ramesh Ramamurthy, Aalim N. Pinjari, Saikumar Ramamurthy

JUDGMENT :

AMIT BORKAR, J.

1. Rule. Rule is made returnable forthwith with consent of the parties.

2. The petitioner housing society has invoked the supervisory jurisdiction of this Court under Article 227 of the Constitution of India. The petitioner challenges the judgment and order dated 27 January 2025 passed by Respondent No.1 in Revision Application No.518 of 2023. Respondent No.1 confirmed the order passed by Respondent No.2 directing the petitioner society to admit Respondent No.3 as a member.

3. The material facts giving rise to the present petition are stated hereinafter. On 21 December 1949, the Municipal Corporation of Greater Mumbai leased Plot Survey No.9/89426 at G.J. Bhosale Marg, Mumbai to K.F. Golwalla and others. With effect from 1 April 1963, the Corporation restricted the use of the basement to storage of household goods of flat owners. On 29 August 1963, Advent Corporation Pvt. Ltd. constructed a building comprising a basement and nine floors and sold flats and basement units. One such basement unit, marked B-1, was sold to late Gopal H. Sippy. According to the petitioner, Mr. Sippy was not the owner of any flat in the building. On 11 April 1966, the petitioner soc

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