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Bombay High CourtMCA/155/2023dismissed

Sudhir Co-Operative Housing Society, Ltd. Akola Through President v. Sharada W/O Vinayak Prabhune And Others

2023-02-13Hon'Ble Shri Justice Avinash G. Gharote2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR MCA No.155/2023 in Writ Petition No.1884/2019 (D) Sudhir Cooperative Housing Society V Sharada and others ********************************************************************************** Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

********************************************************************************** Mr. V.G. Bhamburkar, Adv for petitioner.

Mr. Rohan Malviya, Adv for resp. No1.

CORAM : AVINASH G GHAROTE, J.

DATE : 13-02-2023 The application seeks review of the Order darted 22-8-22 on the ground that the documents, annexed to with the R and P has not been considered. It is contended that the dispute was beyond limitation and the respondent, was liable to pay a rate of Rs 70 per sq.ft. instead of Rs 2.5, which he had deposited as per the resolution of year 1980.

2.

Once it is contended that the R and P of the learned Cooperative Court will have to be looked into and the documents filed therein to be reconsidered, that obviously is a plea which could not fall within the parameters of review under Section 114 of the CPC as what is being in fact called to be done is a rehearing of the matter which

mca 155.23.

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JUDGE Deshmukh