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1967 Supreme(Online)(Bom) 38

BOMBAY HIGH COURT
*Kotval, C. J., Bal, J.
Jagjivan Kanji Bhojani v. Mangal Co-operative Housing Society Ltd. at Bombay


1. This petition arises out of an alleged dispute between the petitioners, who are the members of a Co - operative Society and the Co - operative Society known as Mangal Co - operative Housing Society Ltd., the first respondent before us. It appears that at one time the Society had entered into an agreement with the petitioners for the allotment to them of two flats Nos. 13 and 14 after the building which the Co - operative Society was constructing was completed. As a result of a change in the size of the flats there were disputes between the petitioner and the Society and those disputes came to be determined first by the Registrar's Nominee on 14th August, 1961 (Disputes Nos. 120 and 121 of 1959). The Registrar's Nominee had decided the disputes in favour of the petitioners. The Society then went in appeal to the Maharashtra State Co - operative Tribunal in Appeals Nos. 216 and 217 of 1961 and the Tribunal reversed the decision of the Registrar's Nominee. A writ petition filed by the petitioners before this Court was dismissed summarily.

2. Then on the 5th of April, 1963, the petitioners, were informed that the Society had passed a Resolution on 31st of March, 1963, cancelling the






























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