Petitioner sought intervention from the Deputy Registrar regarding alleged mismanagement by Managing Committee members of the flat-owner society. Directions were issued for the Registrar to investigate the complaints within three months.
Petitioner to communicate this order to the Deputy Registrar, Cooperative Societies, Thane.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4394 OF 2008
Ravi Iyer .. Petitioner.
vs.
M/s.Accolade CHS Ltd.Thane & Ors... Respondents
Mr.J.S.Chandnani i/b M/s.Lexim Associates for the
petitioner
Mr.A.G.Pandit for respondent nos.1 to 4, 6, 8, 9 and 11
CORAM: J.N. PATEL, &
S.J. KATHAWALLA, JJ.
DATE: 1ST DECEMBER, 2008.
P.C.
1. Heard.
2. The learned counsel for the petitioner states
that the respondents particularly the Deputy Registrar,
Co-operative Societies, Thane has failed to take
cognisance of the complaints made by the petitioner,
who is member of the respondent no.1 society for
mismanagement of the said society by some of its
members by representing them as members of the Managing
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Committee or acting as such.
3. The learned counsel for respondent no.1 society
and other respondents states that the term of the
members of the Managing Committee has expired and
election program has been declared.
4. We are not concerned about the completion of
the tenure of the Managing Committee and its members.
The issue which has been raised before this court by
the petitioner is that the Deputy Registrar,
Co-operative Societies, Thane has failed to take
cognisance of the mismanagement by certain members of
the society by posing them to be members of the
Managing Committee.
5. The petitioner has annexed various
representations made to the Deputy Registrar,
Co-operative Societies, Thane which is annexed as R-1
and R-2 to the petition. We expect that the Deputy
Registrar, Co-operative Societies would interfere into
the complaint made by the petitioner and take steps in
accordance with law incase Deputy Registrar,
Co-operative Societies is satisfied about the
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irregularities pointed out by the petitioner. In the
event the Deputy Registrar, Co-operative Societies
finds that the complaint is baseless, he may
communicate his decision to the petitioner. The
exercise be completed within 3 months from the date of
communication of this order. The counsel for the
petitioner to communicate this order to the Deputy
Registrar, Cooperative Societies, thane.
6. Petition stands disposed of accordingly.
(J.N. Patel, J.)
(S.J. Kathawalla, J.)
Ravi Iyer
M/s.Accolade CHS Ltd.Thane
J.N. PATEL
S.J. KATHAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court