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2024 Supreme(Online)(Bom) 6727

HIGH COURT OF BOMBAY
Sharmila U. Deshmukh, J
LODHA BELMONDO HSG. FEDERATION LTD. THR ITS CHIEF PROMOTER – Appellant
Versus
THE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND ORS – Respondent


Advocates:
Dr. Abhinav Chandrachud, Ms. Madhavi Tavanandi and Mr. Suraj Chakar for the Petitioner. Mr. Atul Damle, Senior Advocate along with Mr. Amogh Singh, Ms. Shilpa Nair, Mr. Himanshu Mishra i/b Jeet Gandhi for the Respondent No.2. Mr. Dinyar Madon, Senior Advocate along with Mr. Uttam Shukla, Mr. Aditya Dhatrak i/b Ankit Pandey for Intervenor and Respondent No.5. Ms. Tanu Bhatia, AGP for the Respondent-State.

JUDGMENT :

1. RULE. Rule made returnable forthwith and taken up for hearing with consent.

2. By this petition, exception is taken to the judgment and order of dismissal dated 11th July 2023 passed by the Respondent No.1 in Revision Application No. 528 of 2023 preferred against the order dated 29th August 2022 passed by the Divisional Joint Registrar.

3. Aggrieved by the registration of the Petitioner as Federal Society, the Respondent No.2-Developer filed Appeal No.76 of 2022 under Section 152 of the Maharashtra Co-operative Societies Act, 1960 [for short “MCS Act”] which was allowed by order dated 29th August 2022 resulting in de-registration of the Petitioner Federation. As against this, the Revision Application filed under Section 154 of MCS Act before Respondent No.1 came to be dismissed by the impugned judgment and order dated 11th July 2023.

4. The facts borne out from the record are that six Co-operative Housing Societies comprising of 28 buildings constructed by Respondent No.2 on land bearing Gat No.205, 221, 225, 227 and 228- 247 (Part) of District Pune came together for the purpose of forming a Federal Society. The six societies are part of a larger layout which layout incl

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