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2024 Supreme(Online)(Bom) 6006

BOMBAY HIGH COURT
B. P. DESHPANDE, J
RYAN WALTER FERNANDES THR. POA HERCULANO WILLIAM FERNANDES – Appellant
Versus
NOVA CIDADE RESIDENTIAL CO-OP. HOUSING MAINTENANCE SOCIETY LTD. THR SEC. FERDINANDO NOROHNA – Respondent


Advocates:
Mr. D. Vernekar, Mr. A. D. Bhobe

ORAL JUDGMENT

  1. Heard Mr D. Vernekar, learned counsel for the petitioner and Mr A. D. Bhobe, learned counsel for the respondent.

2. Rule. Rule is made returnable forthwith. Matter is taken up for final disposal at the admission stage with consent.

3. Petitioner who is one of the member of the Co-operative Housing Society/Respondent, challenged resolution passed by the society before the Assistant Registrar of Co-operative Society under Section 83(2) of the Goa Co-operative Societies Act 2001( “The Act” for short) thereby seeking prayer that the decision to handover rent agreement of the tenant for the purpose of giving new stickers and entry into the complex, is illegal. The Assistant Registrar by the impugned order dated 9.2.2024, rejected such application filed by the petitioner on the ground that there is no such dispute exists between the members and the society as contemplated under Section 83 of the Act. The above said decision is challenged in the present petition.

4. Mr Vernekar appearing for the petitioner would submit that petitioner is the owner of the unit which he purchased and thereafter Co-operative Maintenance Society is formed of the unit holders only for the purpose of

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