Dismissed

Doordarshan Employees Co-Operative Housing Society Ltd. v. the State of Maharashtra and Ors.

Bombay HC10 Jan 2007WP/4549/2004

Case brief

AI extract

What is this about?

The High Court dismissed two writ petitions challenging the cancellation of Respondent No.5's membership in a cooperative housing society. The single-judge bench held that the facts were already considered by lower authorities and this was not a fit case for reappreciating evidence under Article 227.

What did the court decide?

dismissal of both Writ Petitions No.5145 of 2004 and No.4549 of 2004.

Doordarshan Employees Co-Operative Housing Society Ltd… — Cooperative Societies | Bombay HC (2007)

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: 1 :

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

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WRIT PETITIN NO.5145 OF 2004
WITH
WRIT PETITION NO.4549 OF 2004

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Doordarshan Employees Co-op.Hsg.Soc.Ltd. ..Petitioner
V/s.

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The State of Maharashtra & Ors. ..Respondents

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Mr.G.N. Salunke for the Petitioner.
Ms.V. Mhaispurkar AGP for Respondent Nos.1 to 4.
Mr.P.M. Havnur for Respondent No.5.

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CORAM : S.J. VAZIFDAR, J.
DATED : 10TH JANUARY, 2007.

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P.C. :

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1.The membership of Respondent No.5 in both the
above Petitions was sought to be cancelled on three
ground namely that they had made the complaints to
various authorities, that there was continued mental,
physical and financial harassment to the members of
the committee and their conduct was unsatisfactory.

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2.The resolution was passed by requisite
majority.

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3.Thereafter the Petitioners sought approval

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from the Registrar who rejected the same. The
Petitioners’ Appeal under Section 152 of the

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: 2 :

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Maharashtra Co-operative Societies Act, 1960 was
rejected. The Petitioners’ revision against the said
order was also rejected.

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4.The aforesaid orders were passed after
considering all the facts and circumstances of the
case.

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5.This is not a fit case to reappreciate the
evidence under Article 227 of the Constitution of
India. The consequence of cancellation of their
membership in a housing society will be disastrous.

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6.In the circumstances, both the Writ Petitions
are dismissed.

Doordarshan Employees Co-Operative Housing Society Ltd. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Doordarshan Employees Co-Operative Housing Society Ltd. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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Doordarshan Employees Co-Operative Housing Society Ltd. Vs the State of Maharashtra and Ors.