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Shankar Y. Gavli vs Vishakha Sadan Co-Operative Housing ... on 9 October, 2002

In other words, both the Courts below have proceeded on erroneous premise and therefore, have misapplied the ratio of the decision in Shankar Gavli's case (Supra). In this view of the matter, both the Judgments and Orders passed by the Appellate Court as well as the Co-operative Court are set-aside and instead, the dispute is restored to the file of the Co-operative Court for being proceeded further, in accordance with law.
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