Bombay High Court
Marigold Phase -Iii Co-Operative ... vs Deputy Registrar, Co-Operative ... on 4 July, 2022
Author: Nitin W. Sambre
Bench: Nitin W. Sambre
46 WP-1350-22.doc
BDP-SPS-TAC
BHARAT
DASHARATH
PANDIT
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
by BHARAT
DASHARATH
PANDIT
Date: 2022.07.04
20:02:40 +0530
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1350 OF 2022
Marigold Phase III Co-operative
Housing Society Ltd. .... Petitioner.
V/s
Deputy Registrar Co-operative Societies
Pune City (5) Pune and Ors. ..... Respondents.
Mr. Atul Daga with Mr. Yash Gaikwad i/b M/s Bilawala & Co. for the
Petitioner.
Mr. P. P. Pujari, AGP for Respondent Nos. 1, 2 and 4.
Mr. Kishor Patil for Respondent No.3.
CORAM: NITIN W. SAMBRE, J.
DATE: JULY 04, 2022
P.C.:-
1] Heard Mr. Daga, learned Counsel for the Petitioner.
2] Contentions are, order impugned passed in exercise of powers
under sub-section (2) of Section 23 of the Maharashtra Co-operative Societies Act is not sustainable, as Respondent No.3 though has agreed vide Deed dated 18/9/2014 to pay corpus amount of Rs 16,33,500/-, same till date is not deposited either by Respondent No.3 or developer with the Petitioner-Society.
3] In view thereof, admit.
1/2
46 WP-1350-22.doc
4] Learned AGP waives service on behalf of Respondent Nos. 1, 2
and 4. Counsel for Respondent No.3 also waives service.
5] As far as continuation of interim relief is concerned, in response to Court's query, Mr. Patil, learned Counsel for Respondent No.3 on instructions submits that amount of Rs 10 lakhs will be deposited with the Petitioner within a period of four weeks from today.
6] Statement is accepted. 7] Once the aforesaid amount is deposited by Respondent No.3,
Petitioner shall issue to Respondent No.3 membership certificate, subject to final outcome of the present Petition.
( NITIN W. SAMBRE, J. ) 2/2