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Bombay High CourtMCA/884/2017disposed of

Prashant Kamlakant Dabolkar, Thr. His Constituted Attorney, Pradip Dabolkar., v. State Of Goa, Thr. The Secretary And 3 ORS.,

2017-11-15Hon'Ble Shri Justice N. M. Jamdar,Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

1 MCA884-17dt 15-11-17 Amrut

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO.884 OF 2017 IN WRIT PETITION NO. 307 OF 2017 Mr. Prashant Kamlakant Dabolkar .....

Applicant

Versus

State of Goa and Ors.

...... Respondents.

Mr. J. E. Coelho Pereira, Senior Advocate with Mr. V. Korgaonkar, Advocate for the Applicant.

Ms. P. Bhandari, Additional Government Advocate for Respondent Nos.1, 2 & 3.

Mr. A. D'Silva, Advocate for Respondent No.4. Coram : N.M. Jamdar & Nutan D. Sardessai, JJ.

Date : 15 November 2017.

P.C.:

Heard the learned counsel for the parties.

2.

In view of the rival contentions, when the application came up for consideration on 13 November 2017, the learned counsel for the parties jointly sought time till today to find out if the issue can be resolved, as the rival contentions were that the Applicant

2 MCA884-17dt 15-11-17 is not approaching the Respondent-society and the contrary submission that the Respondent-society was not allowing the Applicant.

3.

The learned counsel for Respondent No.4-society states that the Applicant has paid the necessary charges and he has been made a member of Respondent No.4-society in terms of the order of the Court. The learned counsel for Respondent No.4 submitted that since the Applicant is now a member of Respondent No.4-society, he will be governed by the bye laws and he will be entitled to exercise his rights as a member of the society as per the bye laws which are applicable to all the members.

4.

We expect that both the parties will abide by their rights and obligations and avoid any untoward incident. It is made clear that the Applicant will be entitled to exercise his rights as a member and Respondent No.4-society will not place any impediment to carry out his business. It is also made clear that the Applicant as a member will have to abide by all the bye laws of the society. In view of this fact, nothing further survives in this Civil Application. The Civil Application is disposed of.

Nutan D. Sardessai, J. N.M. Jamdar, J.