Shri. Shivraj Kalshetty Chief Promoter v. Bhagyalaxmi Properties And ORS.

905 - WP. 9013-18 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 9013 OF 2018 Shivraj Kalshetty Chief Promoter ...

Petitioner Vs.

Bhagyalaxmi Properties & Ors.

...

Respondents *** Mr. Pavan S. Patil i/b Triyan Legal, for the Petitioner. Mr. Prashant Darandale, for Respondent No. 1. Mr. S. D. Rayrikar, AGP for Respondent No. 2 and 3. *** CORAM : C. V. BHADANG, J.

DATE : FEBRUARY 28, 2020 PC :

1.

The learned counsel for the parties have tendered consent terms, which are taken on record and marked "X" for identification. The consent terms are signed by the representative of the Petitioner, as well as the authorised representative of respondent No. 1, and their respective counsel. They are personally present and they admit correctness of the contents thereof.

2.

It appears that the Petitioner had sought registration of the Society, rejection of which is subject matter of challenge in this petition. Incidentally, the Petitioner had taken objection to the revision by Vinayak P.

Halemath Date:

2020.02.29 19:05:10 +0530 Vinayak P.

Halemath of the plan by the Respondent and the Petitioner had filed a civil suit before the competent civil court at Pune. The Petitioner has given up 1 / 2

905 - WP. 9013-18 his challenge to the revision of the plan. The civil suit has been disposed of by virtue of the consent terms on 17th March, 2019 and consequently, the contesting respondents have no objection for registration of the Society. In that view of the matter, petition is disposed of in terms of consent terms. The impugned order dated 11th December, 2017 is hereby set aside. Application No. 64 of 2017 is restored to the file of the learned District Deputy Registrar, Cooperative Societies, Pune, for disposal in accordance with law, after hearing the parties. In the circumstances, there shall be no order as to costs.

Sd/- C. V. BHADANG, J.

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