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2012 Supreme(Online)(SC) 72

SUPREME COURT
M.R. Shah, A.S. Bopanna, JJ
Margret Almeida and Others v. The Bombay Catholic Co-operative Housing Society Ltd. and Others


Advocates:
For the Appellants/Petitioners: Mukul Rohtagi, Dr. Abhishek M. Singhvi
For the Respondents: C.A. Sundaram, K.K. Venugopal

Table of Content
1. possible maintainability inquiry addressing resolution issues (Para 5 , 8 , 9)
2. arguments regarding jurisdiction and entitlement to challenge cooperatives (Para 10 , 11 , 12)
3. judicial duty to maintain interim status pending proper proceedings (Para 39 , 41)

1. Leave granted.

2. These appeals arise out of a common order dated 29th August, 2011 of the Division Bench of the Bombay High Court passed in three writ petitions and two suits, 144 and 145 of 2010.

3. By the said common order, it was held, among other things, that the two suits are not maintainable in view of the provisions of S.91 and S.163 of the Maharashtra Co - operative Societies Act, 1960 (hereinafter `the Act', for short). We are not concerned with the remaining part of the Division Bench's judgment as the instant special leave petitions are preferred only against that part of the Division Bench's judgment. The brief factual background of this litigation is as follows.

4. The first respondent is a Society which was originally incorporated in the year 1914. The full particulars of such incorporation are not available at this juncture on record and are also not necessary for the present purpose. It i



























































































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