Shri. Ramesh T. Hingorani v. Deputy Registrar Of C.S.K/ West Ward And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5807 OF 2012 Ramesh T. Hingorani

...Petitioner

vs.

Deputy Registrar of C.S.K. / West Ward and Ors.

...Respondents

....

• Mr. G. N. Salunke, Advocate for Petitioner.

• Mr. S. D. Rayrikar, AGP for Respondent Nos.1 & 2. • Mr. Kunal Bhanage, Advocate for Respondent No.3. CORAM : C. V. BHADANG, J.

DATE : 18thDECEMBER, 2019 P.C. :

.

The challenge in this petition is to the order dated 19/9/2011 passed by the Divisional Joint Registrar, CoOperative Societies, Mumbai by which the Revisional Authority has allowed the Revision Application No.329/2008, thereby setting aside the judgment and order dated 22/7/2008 passed by the learned Deputy Registrar of CoOperative Society. The learned Dy. Registrar by his order dated 22/7/2008 had declared the petitioner to be entitled to be admitted as a member of the fourth respondent society.

2.

On hearing learned counsel for the parties, it appears that the dispute is whether the share certifcate in respect of entire fat can be transferred in favour of the petitioner,

2/3 when the petitioner had only purchased a portion of the said fat.

3.

The parties have now produced Consent Terms on record which are marked 'X' for identifcation. The signatories to the Consent Terms are present before the Court and they admit the correctness of the contents thereof.

4.

It appears that it was the respondent No.3 who had taken objection to the petitioner being admitted to the membership of the fourth respondent society. Learned counsel for the parties point out that before the Dy. Registrar, the society had not raised any objection for petitioner being admitted as a member of the fourth respondent society. Be that as it may, now the petitioner and his daughter have agreed to purchase remaining portion of the fat. The third respondent states that he has no objection if the petitioner is admitted as a member of the fourth respondent.

5.

In that view of the matter and based on the Consent Terms, the petition is disposed of in the following terms.

ORDER

1.

The Petition is allowed.

2.

The impugned order dated 19/9/2011 passed by the Divisional Joint Registrar, Co-Operative Societies, Mumbai Division, Mumbai, is hereby quashed and set

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3.

Consequently, the order dated 22/7/2008 passed by the Dy. Registrar, 'K West' Ward is restored. 4.

The parties agree and undertake to abide by the terms and conditions as mentioned in the Consent Terms.

5.

It will be open to the Petitioner and the third respondent to make an application to the society as mentioned in para 5 of the Consent Terms. If such application is made, the society shall decide the same as expeditiously as possible and in accordance with law.

6.

The Writ Petition is disposed of in the aforesaid terms with no order as to cost.

(C. V. BHADANG, J.)