SHANKAR Y GAVLI Vs. VISHAKHA SADAN CO OPERATIVE

JUDGEMENT

(1.) THE opponent No. 2 has no right to represent the society i. e. Vishakha Sadan Co-operative Housing Society,

(2.) OPPONENT No. 2 is hereby restrained permanently from entering into the contract with the building or developer for the purpose of developing the said property i. e. Vishakha Sadan Co-operative Housing Society situate at Plot No. 9, Survey No. 66/9-A and 68/14, Bhagulpada, Shivaji Road, Dahisar (East) Bombay 400 068, 3. Opponent Society is hereby ordered to refund Rs. 1,25,151/- along with interest @ 16% p. a. to the disputant, the amount spent by the disputant till registration of the opponent No. 1 society. 4. It is hereby declared that Disputant was the Chief Promoter of the Opponent Society. 5. Opponents to pay the cost of this dispute to the disputant as under and to bear their own. Court fee stamps rs. 60/-Court expenses rs. 320/-6. Judgment and order pronounced in open Court. "

(3.) AGAINST this order the petitioner carried appeal before the Appellate Bench of the Co-operative Court being Appeal No. 80 of 2000 praying for further reliefs even against the society, which was not granted by the Co-operative Court. On the other hand, the respondents filed substantive appeal before the Appellate Bench of the Co-operative Court being Appeal No. 27 of 2001 challenging the ex parte Award passed by the Co-operative Court. Both the appeals are disposed of by the common judgment, which is the subject matter of challenge in this writ petition. The Appellate Court has taken the view that the dispute as filed by the petitioner before the Co-operative Court was without jurisdiction as it pertained to matters prior to registration of the Society. The Appellate Court has essentially allowed the appeal preferred by the respondents and dismissed the appeal preferred by the petitioner holding that the Co-operative Court had no jurisdiction to entertain the dispute. It is this decision which is the subject matter of challenge in the present writ petition.