SAMIR NARAIN BHOJWANI Vs. ASSISTANT REGISTRAR C.S.

JUDGEMENT

(1.) The petitioner has questioned the Judgment and Order dtd. 18/11/2025 passed by the revisional authority. The revisional authority confirmed the Judgment and Order dtd. 7/8/2025 passed by the appellate authority under Sec. 23(2) of the Maharashtra Cooperative Societies Act, 1960. By the said order, membership was conferred on respondent No.2.

(2.) The facts giving rise to the present writ petition may be stated in brief. The petitioner submits that by an allotment letter, flat No. B-3 situated on the 22nd floor of respondent No.3 society known as Bay View CHS was allotted to Mr. Priyank Hemani. On 5/11/2015, Mr. Priyank Hemani purchased the flat under an agreement for sale dtd. 5/11/2016. An arbitral dispute arose between the petitioner and Bombay Slum Redevelopment Corporation Limited. The Arbitrator by Award dtd. 7/9/2018 directed that if within four months the respondent failed to pay Rs.54.03 crore or failed to surrender 3.63 flats in Wing B, the claimant would be entitled to sell 0.63 flat in Wing B and three flats out of nine flats. These nine flats consisted of two flats allegedly transferred by the respondent to Mr. Kiran H. Hemani and seven flats allegedly transferred to Mr. Priyank Hemani. The petitioner contends that despite the Award, and with an intent to defeat the petitioner's claim in the arbitral proceedings, Mr. Priyank Hemani sold the flat to respondent No.2 by a registered agreement dtd. 19/9/2019.

(3.) The arbitral Award dtd. 7/9/2018 was challenged by BSRCL in Commercial Arbitration Petition No. 527 of 2019. This Court set aside the Award. The petitioner preferred Commercial Appeal No. 30 of 2023. This Court by order dtd. 7/7/2023 set aside the order dtd. 13/9/2019. BSRCL filed Civil Appeal No. 7247 of 2024 before the Supreme Court. The Supreme Court on 8/7/2024 set aside the Judgment and Order dtd. 7/7/2023. The Supreme Court clarified that the interim order passed in the Commercial Appeal under Sec. 37 would continue during the pendency of the appeal. The matter was remanded to this Court for adjudication under Sec. 37.