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13. Again, as set out in my Order dated 22nd December, 2018 passed in Civil Application No. 482 of 2018 in Civil Writ Petition No. 721 of 2016, the Applicant in the meantime also filed an Application No. 1 of 2014 before the Deputy Registrar, Co-operative Societies, K/East Ward, Mumbai, seeking a declaration that Jagdishchandra Pande and Gulabchand Sarda have, upon their demise, ceased to be the Nominee Members of the Respondent Society. No right or interest therefore subsist in them with regard to the subject property, and therefore the Respondent Society be directed to remove the names of Jagdishchandra Pande and Gulabchand Sarda from the membership of the subject property i.e. Plot No. 49. The said Application was disposed of by the Deputy Registrar, Co-operative Societies, K/East Ward, by his Order dated 21st May, 2015, directing the Society to delete the names of late Jagdishchandra Pande and Gulabchand Sarda within a period of two weeks and to submit compliance report to his Office. The Respondents herein (heirs of Gulabchand Sarda) filed a Revision Application under Section 154 of the Act being Revision Application No. 184 of 2015, impugning the Order dated 21 st May, 2015 passed by the Deputy Registrar. The Divisional Joint Registrar, Co-operative Societies, by his Order dated 5th October, 2015, has confirmed the Order passed by the Deputy Registrar. Being aggrieved by the said Orders passed by the Deputy Registrar dated 21 st May, 2015 and the Divisional Joint Registrar dated 5th October, 2015, the heirs of Jagdishchandra Pande have filed Writ Petition No. 721 of 2016 before this Court Nitin 9 / 61 CA-944-2018-3.doc seeking quashing and setting aside of the said orders. The said Writ Petition is pending before this Court. In that Writ Petition too, the Applicant has filed Civil Application No. 482 of 2018, under Section 340 read with Section 195 of the Code of Criminal Procedure, against the heirs of Jagdishchandra Pande, on the ground that they have made false statements in the Writ Petition knowing the same to be false and have also suppressed the true facts with the intention of misleading the Court and obtaining favourable orders. The said Civil Application No. 482 of 2018 is dismissed by my detailed Order dated 22nd December, 2018, and as stated hereinabove a major portion of the contents of the said Civil Application No. 482 of 2018 overlaps the contents of the present Civil Application.

28. On 6th February, 2018, the Applicant, who is Respondent No. 1 in Writ Petition No. 1455 of 2016, filed the above Civil Application under Section 340 read with Section 195 of the Code of Criminal Procedure. The Applicant in his Application, after relying on the contents of the Application filed by the EOW (which Application is filed by the EOW after the filing of Writ Petition No.1455 of 2016 by the Respondents herein), has submitted that the Respondents have dishonestly and with mala fide intention made false and misleading submissions on oath, and that the Respondents have deliberately and dishonestly in their Civil Writ Petition No. 1455 of 2016 concealed material facts and have made false statements, misrepresentations, thereby playing a fraud upon the Court by wrongful and illegal means, with the Nitin 26 / 61 CA-944-2018-3.doc intention to obtain favourable orders. The Applicant has set out a Table under two columns. The first column is titled "False submissions in Writ Petition by the Applicant" and the second column is titled as "True facts". After setting out the said Table, the Applicant has submitted that the Respondents have made false allegations and submissions in Court proceedings and are therefore liable to be punished for having committed offences under Sections 199, 200, 463, 465, 466, 467, 468, 471, 474, 120 (B), 420 read with Section 34 of IPC.

2009 before the Deputy Registrar, Co-operative Societies, K/East Ward, Wadala, Mumbai, setting out all his allegations qua fabrication of documents and the fraudulent transfer effected in favour of Jagdishchandra Pande and Gulabchand Sarda by the Society and sought removal of names of Jagdishchandra Pande and Gulabchand Sarda from the records of the Society. The Deputy Director allowed the said Application No. 1 of 2009, and the Revision Application filed by the Society as well as Gulabchand Sarda also stood rejected. However, by an Order dated 1 st July, 2009 passed by the learned Single Judge of this Court in Writ Petition No. 3124 of 2013 filed by Vijaykumar Sarda against the Applicant and others, impugning the orders passed by the Deputy Registrar, Co-operative Societies, dated 7 th July, 2009, allowing the application filed by the Applicant under Section 25A of the Act, as also the Order passed by the Divisional Joint Registrar, Co-operative Societies dated 16 th October, 2012, rejecting the Revision Application, the learned Judge, as stated hereinabove, has quashed and set aside both the orders, by observing that if it is the case of Respondent No. 1 (Applicant herein) that Gulabchand Sarda has got his name entered in the Membership Register by playing fraud on the Respondent Society, the Respondent should have availed of remedies open to Respondent No. 1 in law. A Special Leave Petition filed by the Applicant herein impugning the Order passed by the Learned Single Judge dated 1st July, 2013, was also dismissed. The Applicant therefore, filed a Nitin 37 / 61 CA-944-2018-3.doc dispute being Dispute No. CC/IV of 2014 before the Co-operative Court No. IV, Ballard Estate, Mumbai, on 25th April, 2014, against the Society and the heirs of Jagdishchandra Pande and Gulabchand Sarda (Respondents herein) for a declaration that the act of the Society to carry out the mutation entries in the records of the Society in the name of late Jagdishchandra Pande and late Gulabchand Sarda, be declared null and void and it be further declared that the Resolution of the Society dated 9th January, 1994, passed by the Managing Committee of the Society, to carry out the transfer of the said plot in the name of Jagdishchandra Pande and Gulabchand Sarda, be declared null and void. The said dispute is pending till date. iii. that thereafter the Applicant also filed Application No. 1 of 2014 before the Deputy Registrar, Co-operative Societies, K/East Ward, Mumbai seeking a declaration that Jagdishchandra Pande and Gulabchand Sarda have, upon their demise, ceased to be the Nominee Members of the Respondent Society. No right or interest therefore subsists in them with regard to the subject property and therefore the Respondent Society be directed to remove the names of Jagdishchandra Pande and Gulabchand Sarda from the members of the subject property i.e. Plot No. 49. By his order dated 21st May, 2015 the Deputy Registrar, Co-operative Societies disposed off the said Application by directing the Society to remove the names of late Jagdishchandra Pande and Gulabchand Sarda within a period of two weeks. The Revision Application filed by the Respondents herein being No. 184 of 2015 was dismissed by the Divisional Joint Registrar, Co-operative Societies by his order dated Nitin 38 / 61 CA-944-2018-3.doc 5th October, 2015. Being aggrieved by the said order, the heirs of Jagdishchandra Pande have filed Writ Petition No. 721 of 2016 before this Court impugning the said orders. The Writ Petition is pending before this Court and in the said Writ Petition too, the Applicant has filed Civil Application No. 482 of 2018 under Sections 340 read with Section 195 of Cr.P.C. against the heirs of Jagdishchandra Pande on the ground that they have made false statements in the Writ Petition knowing the same to be false and have also suppressed the true facts with the intention to mislead the Court and obtain favourable orders. The said Civil Application being No. 482 of 2018 is dismissed by my Order dated 22nd December, 2018.

40.2 It is a fact that the above statement is made by the Respondents in their narration of facts in the Writ Petition, that the Petitioners (Respondents herein) applied to the Society as nominees of Gulabchand Sarda for the shares of the Society and its membership. The Petitioners (Respondents herein) have filed a compilation of documents along with the Writ Petition. The said documents inter alia discloses in Nitin 55 / 61 CA-944-2018-3.doc detail the stand of the Applicant as to why they cannot claim to be nominees of Gulabchand Sarda. The Deputy Registrar and the Divisional Joint Registrar have not accepted the stand of the Respondents and have rejected the relief sought by them, on the grounds set out therein. The said Orders are impugned in the Writ Petition filed by the Respondents herein before the Writ Court. The Applicant instead of filing his reply to the Writ Petition and pursuing the Petition, is picking up certain statements from the Petition and is denying/disputing the same and alleging that the Respondents herein have made false submissions in the Writ Petition and have suppressed facts, though the documents submitted along with the Writ Petition contains all that the Applicant has stated/alleged in this Civil Application. It therefore cannot be said that the Respondents have made false statements/averments in their Writ Petition in an attempt to invite the Court to pass a wrong judgment, and therefore it must be treated as an offence. It therefore also cannot be said that false or incorrect statement/s on oath are made by the Respondents herein, in order to mislead the Court and obtain favourable orders.