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operative Housing Societies Act 1960 ("MCS Act"). Mr. Chinoy has at the outset also relied on the decision of the Learned Single Judge (Coram: Dr. D.Y. Chandrachud, J.) dated 7th March, 2011, in Vardhman Developers Ltd. vs. Thailambal Co-op. Hsg.

Socy. Ltd. in Notice of Motion No. 3274 of 2010 in Suit No. 2725 of 2010 in support of his submission that the process of redeveloment of the Society by the Developer does not constitute the business of the Society within the meaning of Section 91 of the MCS Act and in view thereof no notice under Section 164 of the MCS Act is required.