Mrs. Rashmi Ashok Joshi And ANR v. Natraj Co-Op Hsg. Soc. Ltd. And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6825 OF 2018 Mrs. Rashmi Ashok Joshi & Anr.

... Petitioners V/s.

Natraj Co-op. Housing Society Ltd & Ors.

... Respondents ----- Mr. Dilip Bodake for the Petitioner.

Mr. Madhur Rai I/b PRS Legal for the Respondent Nos. 2,4 to 10, 12 and 13. CORAM : R.D. DHANUKA, J.

DATE : 09th JULY, 2018 P.C.:

.

By this petition filed under Article 227 of the Constitution of India, the Petitioner has impugned the order dated 02.05.2018 passed by the learned Divisional Joint Registrar, Co-operative Societies, Konkan Division, Navi Mumbai rejecting the application filed by the Petitioner under Section 9A of the Code of Civil Procedure, 1908 in the Revision Application filed by the Respondent No.1 Society under Section 154 of the Maharashtra Co-operative Societies Act, 1960. The application filed by the Petitioner under Section 9A of the Code of Civil Procedure, 1908 in the proceeding under Section 154 of the Maharashtra Cooperative Societies Act, 1960 by the Respondent No.1 itself was not maintainable. I am thus, not inclined to interfere in the impugned order passed by the learned Divisional Joint Registrar on the said application. However, it is made clear that, Sneha Chavan 1/2

2 wp 6825-18=.doc if an issue of jurisdiction is raised by the Petitioner in respect of Revision Application filed under Section 154 of the Maharashtra Co-operative Societies Act, 1960 under any other provision of the law, it can be considered by the learned Divisional Joint Registrar on its own merits. Writ Petition is disposed of with aforesaid directions. (R.D. DHANUKA, J.) Sneha Chavan 2/2