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2025 Supreme(Bom) 1578

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Samir Narain Bhojwani – Appellant
Versus
Assistant Registrar C.S. (Eastern & Western Suburban), Mumbai – Respondent


Advocates Appeared:
For the Appellants : S.U. Kamdar, Gauraj Shah, Ritika Rajeev
For the Respondents: Sulbha D. Chipade, Pradeep Thorat, R.U. Deo, Hrutvi Narvekar, Aditya Lele, Prashant P. Kulkarni, Rachana Mamnani

JUDGMENT :

AMIT BORKAR, J.

1. The petitioner has questioned the Judgment and Order dated 18 November 2025 passed by the revisional authority. The revisional authority confirmed the Judgment and Order dated 7 August 2025 passed by the appellate authority under Section 23 (2) of the Maharashtra Cooperative Societies Act, 1960. By the said order, membership was conferred on respondent No.2.

2. The facts giving rise to the present writ petition may be stated in brief. The petitioner submits that by an allotment letter, flat No. B-3 situated on the 22nd floor of respondent No.3 society known as Bay View CHS was allotted to Mr. Priyank Hemani. On 5 November 2015, Mr. Priyank Hemani purchased the flat under an agreement for sale dated 5 November 2016. An arbitral dispute arose between the petitioner and Bombay Slum Redevelopment Corporation Limited. The Arbitrator by Award dated 7 September 2018 directed that if within four months the respondent failed to pay Rs.54.03 crore or failed to surrender 3.63 flats in Wing B, the claimant would be entitled to sell 0.63 flat in Wing B and three flats out of nine flats. These nine flats consisted of two flats allegedly transferred by the respondent t

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