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Hon. Secretary, A-1 Co.Op. Hsc. Soc.Ltd. v. Mr. Ram v Jagtiani (Decd) through Smt. Shaku Jagtiani

Bombay HC11 Jan 2023CAW/218/2020

Case brief

AI extract

What is this about?

The single-judge High Court recorded Consent Terms amicably arrived at by the parties in Writ Petition No. 9915 of 2017 and related appeals against a Co-operative Society. The deposit with the court was directed to be paid to the respondent, impugned orders were set aside, and the pending writ petitions and applications were disposed of.

What did the court decide?

Orders dated 10.01.2017 set aside; Writ Petition No. 9915 of 2017 and related applications disposed of; deposit paid to respondent.

Hon. Secretary, A-1 Co.Op. Hsc. Soc.Ltd. Vs… — Civil Procedure and Limitation | Bombay HC (2023)

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9.wp.9915.17+.doc

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S.S.Kilaje

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 9915 OF 2017

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Ram V. Jagtiani
(Deceased through legal heir)
1. Shaku alias Sabita Ram Jagtiani.. Petitioner
 Versus
Chairman / Secretary, A-1, Apartment Co-op.
Hsg. Society Ltd. and Ors...Respondents

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WITH CIVIL APPLICATION NO. 218 OF 2020 IN

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WRIT PETITION NO. 9915 OF 2017

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Hon. Secretary..Applicant

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In the Matter Between :
Ram V. Jagtiani (Deceased)
1. Shaku alias Sabita Ram Jagtiani.. Petitioner
 Versus
Chairman / Secretary, A-1, Apartment Co-op.
Hsg. Society Ltd. and Ors...Respondents

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WITH INTERIM APPLICATION NO. 2677 OF 2020

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IN

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WRIT PETITION NO. 9915 OF 2017

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Ram V. Jagtiani
(Since deceased)Applicant/
Shaku alias Sabita Ram Jagtiani..Org.Petitioner
 Versus
Chairman / Secretary, A-1, Apartment Co-op.
Hsg. Society Ltd. and Ors...Respondents

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Ms. Dipti Bhuta a/w. Kanchi K. Joshi i/by Mr. Prakash Jani for Petitioner

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Mr. Amar Ashok Gharte a/w. Mr. Vivek Arya for Respondent No.1

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Mr. P. P. Pujari, AGP for Respondent - State

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1 of 3

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9.wp.9915.17+.doc

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CORAM:MILIND N. JADHAV, J.
DATE:JANUARY 11, 2023.

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P.C.:

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1.Heard Ms. Bhuta, learned Advocate for Petitioner; Mr.

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Gharte, learned Advocate for Respondent No.1 and Mr. Pujari, learned
AGP for Respondent-State.

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2.Learned Advocates appearing for the parties have submitted
that the parties to the Petition have amicably arrived at a settlement
and pursuant thereto, they have tendered Consent Terms dated 11th
January, 2023. The Consent Terms are taken on record and marked
“X” for identification.

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3.Parties who have executed the Consent Terms are present in
Court and confirm the instructions given to the Advocate to draw up
Consent Terms and also confirm their signatures.

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4.The Consent Terms are signed by Constituted Attorney
holder of Petitioner, Joint Secretary of Respondent Society as well as
their respective Advocates. The undertakings recorded in the Consent
Terms are accepted as undertaking given to this Court.

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5.Appended copies to the Consent Terms are, Annexure-A is a
copy of Resolution of the Managing Committee dated 10.01.2023 and

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Annexure -B is a copy of General Power of Attorney is dated
10.02.2014.

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2 of 3

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9.wp.9915.17+.doc

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6.The Registrar, Appellate Side, High Court, Bombay is hereby
directed to pay over to the Respondent No.1 – A-1 Co-operative
Housing Society Ltd. the entire amount along with accrued interest
deposited by the Petitioner and lying deposited with this Hon’ble
Court as per order dated 04.02.2019 passed by this Court in the above
Writ Petition.

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7.In view of the Consent Terms, order dated 10.01.2017
passed by the Deputy Registrar, Co-operative Societies, Mumbai in
Appeal No. 13 of 2016 stands set aside.

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8.In view of the Consent Terms, Writ Petition, Civil
Application No. 218 of 2020 as well as Interim Application No. 2677 of
2020 stands disposed of.

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9.No order as to costs.

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[ MILIND N. JADHAV, J. ]

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SONALI Digitally signedby SONALI SATISH SATISH KILAJEDate: 2023.01.12 KILAJE 11:16:39 +0530

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Hon. Secretary, A-1 Co.Op. Hsc. Soc.Ltd. v. Mr. Ram v Jagtiani (Decd) through Smt. Shaku Jagtiani

Case brief

What is this about?

What did the court decide?

Hon. Secretary, A-1 Co.Op. Hsc. Soc.Ltd. v. Mr. Ram v Jagtiani (Decd) through Smt. Shaku Jagtiani

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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