DIGANT PAREKH (HUF) Vs. AKRUTI KAILASH CONSTRUCTION

JUDGEMENT

(1.) The petitioners have filed this writ petition under Article 226 of the Constitution of India. They challenge the judgment and order dtd. 25/11/2024 passed by respondent No.3 in Revision Application No.409 of 2024. By the said order, respondent No.3 set aside the order dtd. 18/8/2022 passed by respondent No.4 under Sec. 22(2) of the Maharashtra Co- operative Societies Act, 1960, by which deemed membership was granted to petitioner No.1 in respect of Unit No.601. Respondent No.3 also set aside the consequential order dtd. 24/4/2024 passed under Sec. 79(b) of the said Act appointing an authorized officer for respondent No.6 Society.

(2.) The relevant facts giving rise to the present petition are as follows. On 16/9/2013, petitioner No.1 obtained a registered agreement for sale executed by respondent Nos.1 and 2. On 5/3/2014, a Rectification Deed came to be executed, correcting the name of petitioner No.1 by substituting it with petitioner No.2 in his individual capacity.

(3.) In the year 2016, respondent Nos.1 and 2 instituted S.C. Suit No.2225 of 2016 before the City Civil Court at Dindoshi. They sought enforcement of the terms and conditions of the agreement for sale dtd. 16/9/2013 and also sought an injunction restraining the petitioners from creating third party rights.