Mrs.Vijaya Thampan And Mr.Knk Thampan v. The Dy.Registrar Of Co-Operative Housing Societies And ANR

1/2 wpl-522-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETTION (L) NO. 522 OF 2015 ...

Mrs. Vijaya Thampan & anr.

.... Petitioners vs The Dy. Registrar of Cooperative Housing Societies P Ward and anr.

.... Respondents ...

Abhilesh Panicker, Constituted Attorney of Petitioners in-person present. Mr. Yatin R. Shah for the Respondent No.2.

...

CORAM : A.A. SAYED, J.

DATED : 30 JUNE 2015 P.C.

Mr.Abhilesh Panicker, the Constituted Attorney of the Petitioners and the learned Counsel for Respondent No.2-Society are agreed to the following order being passed:

(i) Respondent No.2-Society is permitted to withdraw the amount of Rs.5 lacs, alongwith accrued interest, deposited by the Petitioners in this Court in terms of the order dated 21 August 2013 passed in Appeal From Order No.539 of 2012. (ii) The Petitioners shall pay the regular society maintenance charges as per the society's maintenance bills henceforth regularly.

Uday P. Kambli 1/2

2/2 wpl-522-15.doc (iii) This order is passed without prejudice to the rights and contentions of the parties.

(iv) It is clarified that this Court has not gone into merits of the matter and the Co-operative Court shall adjudicate the dispute without being influenced by this order.

(v) The Co-operative Court shall while adjudicating the dispute take into account the amounts paid by the Petitioners and grant necessary adjustments while passing the final order. (vi) The hearing of the Dispute before the Co-operative Court is expedited.

(vii) All contentions of the parties are kept open. 2.

The Petition is disposed of in the aforesaid terms. (A.A. SAYED, J.) Uday P. Kambli 2/2