Shri. Pradipkumar Kantilal Shah v. Chairman / Secretary, The Torna Co-Operative Hsg. Soc. Ltd And ORS

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION WRIT PETITION NO.2298 OF 2013 Pradipkumar Kantilal Shah

...Petitioner

vs.

The Torna Co-operative Hsg.

Soc.Ltd. & Ors.

...Respondents

Mr.Rajesh Tekale for the Petitioner None for the respondent CORAM : A.S.OKA, & V.L.ACHLIYA, JJ.

DATE : SEPTEMBER 30, 2015 P.C.:

The first substantive prayer in this petition is for restraining the first respondent which is the Chairman of a Co-operative Housing society from issuing the share certificate to any third party and to issue the share certificate to the petitioner. A Writ of mandamus under Article 226 of the Constitution of India cannot be issued against a cooperative housing society. As far as the second substantive prayer is concerned, again, no relief can be granted against the first respondent. The second respondent has no authority to issue a share certificate of the shares of the first respondentsociety. Therefore, both the substantive prayers cannot be granted.

If according to the case of the petitioner, the first respondent has not complied with the earlier

orders passed by the Deputy Registrar of the Cooperative societies, it is for the petitioner to adopt appropriate proceedings in accordance with law in that behalf.

Subject to what is observed above, writ petition is disposed of.

(V.L.ACHLIYA,J.) (A.S.OKA,J.)

CERTIFICATE Certified to be true and correct copy of original signed Judgment/Order.