PAUL PARAMBI, CHIEF PROMOTER, SPRINGS CHS LTD. AND ANOTHER Vs. THE BOMBAY DYEING AND MANUFACTURING CO.LTD. AND ANOTHER

JUDGEMENT

(1.) Rule. Respondents waive service. By consent of parties, rule is made returnable forthwith and heard finally.

(2.) This Writ Petition is filed under Article 226 of the Constitution of India seeking a writ of certiorari or any other appropriate writ, order or direction calling for the record and proceedings in respect of the Application dated 5th November, 2014 read with letter dated 17th July, 2016 filed by the Petitioners before the District Deputy Registrar, Co-operative Societies, Mumbai (I) [Respondent No.2 herein] and seeking a direction to quash and set aside the order dated 24th August, 2016 passed by the Respondent No.2 (Exh.'A' to the Petition).

(3.) By the impugned order, Respondent No.2 refused to consider the issue relating to registration of Petitioner No.2 which was allowed by the Assistant Registrar, Co-operative Societies, F/South Ward, Mumbai vide its order dated 31st December, 2014. According to the Petitioners, by the impugned order, Respondent No.2 refused to consider the issue relating to the registration of Petitioner No.2 under the provisions of The Maharashtra Cooperative Societies Act, 1960 [for short, the "MCS Act"] on the ground that the new proposal for registration of the Petitioner No.2 Society cannot be taken into consideration as Respondent No.1 had submitted the property to the provisions of the The Maharashtra Apartment Ownership Act, 1970 [for short, the "MAO Act"] by executing and registering a Deed of Declaration as required by the said Act and the cancellation of the said Declaration was pending adjudication in a suit filed in this Court.