RASHMI CHS LIMITED Vs. ROMILA DILIP BAJAJ

JUDGEMENT

(1.) By the present writ petition, the petitioner society challenges the Judgment and Order dtd. 30/8/2019 passed by respondent No. 3 in Revision Application No. 289 of 2016.

(2.) The facts giving rise to the present writ petition, in brief, are as follows. Jolly Brothers Private Limited, Mumbai, was admitted as a member of the petitioner society on 13/6/1965. On 5/5/2006, Jolly Brothers Private Limited transferred and assigned Share Certificate No. 35 in favour of respondent No. 1. Subsequently, in the year 2010, a Deed of Declaration came to be executed between respondent No. 1 and Jolly Brothers Private Limited.

(3.) Respondent No. 1 submitted an application seeking membership and transfer on 14/2/2011. The said application was rejected by the petitioner society on 14/3/2011. Thereafter, on 25/4/2011, Jolly Brothers Private Limited, Mumbai submitted a second application seeking transfer and grant of membership in favour of respondent No. 1. The said application was rejected on 20/7/2011 and again on 10/11/2011. Being aggrieved, respondent No. 1 preferred Appeal No. 1864 of 2012, which was subsequently withdrawn unconditionally on 9/2/2012.