Firoz Gulab Mulla And ORS v. Abdul Samad Abdul Gafoor Bisti And ORS

30-ia6390-2024.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.6309 OF 2024 Digitally signed by VAIBHAV RAMESH JADHAV Date:

2024.03.05 17:25:40 +0530 VAIBHAV RAMESH JADHAV IN WRIT PETITION NO.173 OF 2022 Firoz Gulab Mulla & Ors.

... Applicants In the matter between Abdul Samad Abdul Gafoor Bisti ... Petitioner V/s.

Chief Executive Officer Slum Rehabilitation Authority & Ors.

... Respondents Mr. Sameer Mhatre for the applicants.

Mr. Saroh Damania with Ms. Riddhi Shah i/by Mr. A. A. Maniyar for the petitioner.

Mr. P. G. Sawant, AGP for the State.

Ms. Tejaswini Kudalkar for respondent No.3.

Mr. Yogesh Patil i/by Mr. Vijay Patil for respondent Nos.1 and 4.

CORAM

: AMIT BORKAR, J.

DATED : MARCH 5, 2024 P.C.:

1.

The interim application is filed by the members of cooperative housing society which is under redevelopment. The society is already transposed as petitioner. Once the Society represents the cause, members have no right to represent the cause. Once a person becomes member of the society, he must act

30-ia6390-2024.doc and speak through society.

2.

The Five-Judges Bench of the Apex Court in the case of Daman Singh & Ors. vs. State of Punjab & Ors. reported in (1985) 2 SCC 670 : AIR 1985 SC 973, has held that once a person becomes a member of the cooperative society, he must act and speak through the society. Hence, interim application is rejected. 3.

No costs.

(AMIT BORKAR, J.)