Jay Bharat Co-Operative Society Ltd. v. Pooj Sindhi Punjabi Central Panchayat, Mumbai

3.WP.1798-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition No. 1798 OF 2015 Jay Bharat Co-operative Society Ltd.

...Petitioner

Versus

Pooj Sindhi Punjabi Central Panchayat, Mumbai

...Respondent

....

Mr.Mohan Bir Singh a/w. J.A. Udaipuri i/b. Udaipuri & Co. for the petitioner.

Mr.C.R. Naidu i/b. Haresh Motwani, Advocate for the Respondent. ....

CORAM : R. G. KETKAR, J.

DATE : 17th APRIL, 2017 P.C.

1.

Heard Mr.Mohan Bir Singh, learned Counsel for the petitioner and Mr.C.R. Naidu, learned counsel for the respondent, at length.

2.

By this Petition under Article 227 of the Constitution of India, the petitioner has challenged the judgment and order dated 15.5.2013 passed by the Deputy Registrar, Co-operative Societies, H-West Ward, Mumbai as also the judgment and order dated 12.1.2015 passed by the Jt. Divisional Registrar, Co-operative Societies, Mumbai Division, Mumbai in Revision Application No.379/2013. By these orders, the 1 / 2

3.WP.1798-15.doc Authorities below have allowed the appeal preferred by the respondent and directed the petitioner society to enroll the respondent as a member in respect of plot No.25-N and also issue share certificate in that regard. 3.

The matter was heard at length. The parties have tendered minutes of order dated 17.4.2017 duly signed by the office bearers of the petitioner society as also by the Trustees of the respondent Trust. The same are taken on record and marked 'X' for identification. Learned Counsel appearing for the parties submit that the petition may be disposed of in terms of the minutes of the order. Learned Counsel for the parties also submit that paragraphs-19 and 22 of the affidavit-inreply of Ishwar G. Ratwani, Secretary of the respondent may be accepted as undertakings to this Court.

4.

In view thereof, by consent of parties, the Petition is disposed of in terms of minutes of the order dated 17.4.2017. Statements made in paragraphs-19 and 22 of the affidavit-in-reply of Ishwar G. Ratwani, Secretary of the respondent are accepted as undertakings to this Court. The undertakings given in the minutes of the order are also accepted. Order accordingly.

(R. G. KETKAR, J.) Deshmane (PS) 2 / 2