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2024 Supreme(Online)(Bom) 242

HIGH COURT OF BOMBAY
GAURI GODSE, J
NAVJIVAN CO-OP HOU. SOC. – Appellant
Versus
NAVJIVAN COMMERCIAL PREMISES CO-OP SOC. – Respondent


Advocates:
Mr. Veerendra Tulzapurkar, Senior Advocate a/w. Mr. Karl Shroff, Ms. Lata Dhruv, Mr. Mitesh Naik and Mr. Ronak Shah i/b. M/s. Dhru & Co. for the Petitioner. Mr. Rajesh B. Jain a/w. Mr. Rohit Jain and Mr. Neha R. Doshi i/b. Legal Juris for Respondent No. 1. Ms. M. S. Bane, AGP for the State.

JUDGEMENT

1.This petition is filed to challenge the Judgment and Order passed by the learned Minister in appeal under Section 152 of the Maharashtra Co-operative Societies Act, 1960 (“MCS Act”) filed by respondent no. 1. By the impugned order the appeal is allowed and the Judgment and Order for bifurcation of the parent society into respective separate societies for residential buildings and for commercial building passed by the Divisional Joint Registrar, Co-

    operative Societies under Section 18 of the MCS Act is quashed and set aside. Respondent no. 1 is the original parent society. The petitioner is a bifurcated society consisting of occupants of commercial building originally part of respondent no. 1-society. In view of the order permitting bifurcation, the petitioner society was registered for the commercial building. However, in view of the impugned order, the bifurcation of the parent society for a separate society for the commercial building stands cancelled; hence, the petition by the society registered for the commercial building.
    FACTS IN BRIEF :

2.The parent society was registered sometime in the year 1960 and formed for around 2000 members for the buildings situated at La

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