WASUDHA SURESHRAO JIRAPURE Vs. SAHAKARI SANSTHA LIMITED

JUDGEMENT

(1.) RULE. With the consent of learned Advocates for the parties, rule made returnable forthwith. Learned Advocates for the parties were heard on rule.

(2.) IN order to appreciate the controversy, it is necessary to briefly enumerate the background in which these proceedings have been filed. The facts in both the petitions are identical and the issues involved are also identical and as such, both the petitions were heard together and they are disposed by a common judgment.

(3.) PETITIONERS were members of respondent society. They are subsequent allottees of the shops. Initially, the shops were allotted to some other members which were cancelled and were allotted to the present petitioners. The initial allottees filed Dispute bearing No. 200/78 challenging the allotment made in favour of the petitioners and sale-deeds executed by the respondent society in favour of the petitioners. The petitioners had paid total consideration of Rs. 40,000/- at the time of execution of sale deed in their favour. Besides that, admission fee and shares amounting to Rs. 111/- were taken from the petitioner by the respondent society. The Judge, Co-operative Court before whom Dispute No. 200/78 was filed, passed the Award in favour of the original allottees and held sale-deeds in favour of the petitioners as illegal and ab initio void. Respondent society was directed to refund consideration of the amount received from the petitioners along with interest @ 12% per annum from the date of deposit till realisation. This Award passed by the Co-operative Court was challenged before the Co-operative Appellate Court, but the appeal was dismissed. Thereafter the petitioners filed Writ Petition No. 1553 of 83 which was also dismissed. The petitioners then preferred Letters Patent Appeal No. 81 of 1986 which also was dismissed. The petitioners than filed 3 L. P. which was dismissed vide order dated 6-5-1987. While dismissing the Special leave petition, the Apex Court observed that right of the petitioners to get their money back from the society may be agitated separately. In view of this, the petitioners filed Disputes No. 24/90 and 23/90 respectively before the Co-operative Court for recovery of amount of consideration as per the Award of the Co-operative Court. The Co-operative Court passed an Award in favour of the petitioners on 15-6-1998, thereby directing the respondent society to refund amount of Rs. 40,000/- with interest @ 12% per annum, as stated in the orders. The respondent society filed Appeals No. 62 of 98 and 61 of 98 before the Co-operative Appellate Court against the orders of the Co-operative Court passed respectively in Dispute No. 24 of 1990 and Dispute No. 23 of 1990. The Co-operative Appellate Court allowed both the appeals and set aside the aforesaid orders passed by the Co-operative Court. These orders of the Cooperative Appellate Court are under challenge in these two petitions.