VIDEOCON APPLIANCES LTD Vs. MAKER CHAMBERS

JUDGEMENT

(1.) THE present petition raises an issue whether under the provisions of Section 154 of the maharashtra Cooperative Societies Act, 1960 a power can be exercised to entertain a second revision application. Before I deal with the aforesaid issue for the purpose of narration, few facts of the present case are necessary which are briefly enumerated as under:-

(2.) IN 1984 a builder constructed a building known as Maker Chambers V at Nariman Point, Bombay. The plans in respect of the said building were approved upto 15th floors and in 1981 a plan for 16th floor was also approved. The premises in the subject matter of the present case is premises no. 1601 which are situated at the 16th floor of the said building. It is the case of the petitioner that by 1980 all the 15 floors of the building were sold by the builder to the various purchasers of the said premises and on 2. 7. 1985 the occupiers of the said premises have formed a society known as Maker chambers V Premises Co-operative Society Ltd. , being the respondent no. 1 herein. However, prior to the said society could be incorporated, the builder has got the plan sanctioned for the 16th floor and constructed the 16th floor on the said building. In 1991 in respect of the office no. 1601, the builder became the member of the respondent society. On 16. 4. 1992, the builder sought to sell the premises to one Jayantilal Khandwala and Sons being the premises no. 1601 along with two car parkings for total consideration of Rs. 3. 51 crores. However, the Income-tax Authorities under the provisions of section 269ud (I) of the Income-Tax Act, 1961 intervened and took over the said premises. In the meantime, it seems that on 24. 7. 1992 the respondent no. 1 society filed a dispute in the Co-operative court against the builder and the Income-tax authorities in respect of the said office premises and terrace attached thereto. The respondent society also filed a writ petition in this Court being Writ Petition No. 4232 of 1992 challenging the order passed by the Co-operative Court in the said proceedings. The said writ petition is pending. The respondent no. 1 has also filed a civil suit being Suit No. 659 of 1993 on the original side of this Court inter alia seeking a declaration that the builder had no right to put up any construction on the common terrace on the 16th floor of the building without prior consent being obtained from all the premises purchasers under section 7 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, management and Transfer) Act, 1963, (hereinafter referred to as The Maharashtra Ownership Flats Act, 1963 ). No interim orders are passed in the said proceedings and the said suit is still pending. The income-tax Authorities thereafter placed the said premises on auction and the petitioner purchased the said premises in auction for a sum of Rs. 4. 037 crores on 16. 12. 1992. On 14. 9. 1993 the Income-tax authorities has executed necessary deed of transfer in favour of the petitioners. On 26. 8. 1993 the petitioners forwarded the application for being made a member of the 1st respondent society in respect of the premises bearing no. 1601. The Petitioners also filed various forms in favour of the 1st respondent society calling upon them to transfer the said premises. On 18. 11. 1993 the 1st respondent addressed a letter calling upon the petitioners to furnish certain documents and holding that the application will be considered only on compliance with the said requisition. On 22. 11. 1993, the petitioners completed the requirements by forwarding the necessary documents and calling upon the society to transfer the said membership from the builder in his favour. On 26. 4. 1994 a deed of rectification was entered into between the Income-tax Authorities and the respondent wherein the mistake in the area was rectified. The correspondence went on between the petitioner and the respondent for the purpose of transfer of the said membership. After a considerable correspondence, in or about January, 1998 the petitioner filed an application before the 2nd respondent seeking a declaration that the petitioner was a deemed member of the 1st respondent society and also seeking an order that the respondent no. 1 should be directed to admit the petitioner as a member in respect of the said premises being premises no. 1601 and transfer the shares and the membership in favour of the petitioner. On 12. 3. 1998, the respondent no. 1 filed a reply, inter alia, contending that the petitioner is not entitled to deemed membership because in fact the membership of the petitioner has been refused by the respondent society by a letter dated 18. 11. 1993. The relevant averments in para 3 of the said reply read as under :-

(3.) THE matter was thereafter heard by the deputy Registrar and by an order dated 8. 5. 1998 the deputy Registrar, Co-operative Societies, allowed the said application/appeal and directed the respondent no. 1 society to make the petitioner as a member. Against the said order, a revision was filed under Section 154 Maharashtra Cooperative societies Act, 1960 before the Divisional Joint registrar, Co-operative Societies, Bombay and by an order dated 6. 9. 2001 the revision application of the society has been allowed and the order passed by the deputy Registrar, Cooperative Societies directing the respondent to make the petitioner as a member in respect of the premises No. 1601 has been set aside. The petitioner preferred a second revision before the Secretary (Co-operation), Government of maharashtra by exercising power under the provisions of Section 154 of the Act and by an order dated 3. 3. 2004, the Secretary (Co-operation), Government of Maharashtra has dismissed the said application as not maintainable against the revisional order passed by the Divisional Joint Registrar, Co-operative societies, Bombay.