Disposed

Waterfall Co-Operative Housing Society Ltd. v. State of Maharashtra through the Ministry Cooperation and Ors.

Bombay HC10 Jun 2024WP/355/2024

Case brief

AI extract

What is this about?

Co-operative housing society challenged an administrator's appointment; a special general body resolution of 09.02.2024 agreeing to induct the respondents as members on payment resolved the dispute, leading to disposal of two writ petitions and quashing of the administrator appointment order in the third.

What did the court decide?

WP 355/2024 and 354/2024 disposed of in view of the resolution dated 09.02.2024; WP 168/2024 allowed with the administrator appointment order dated 19.12.2023 quashed.

Waterfall Co-Operative Housing Society Ltd. vs State of… — Cooperative Societies | Bombay HC (2024)

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40-WP-355-2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 355 OF 2024

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Waterfall Co-operative Housing Society Ltd. ...Petitioner Versus

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The State of Maharashtra Through The Ministry Cooperation And Ors. ...Respondents

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WITH

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WRIT PETITION NO. 168 OF 2024

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Beena Ajay Raghav And Anr. ...Petitioners Versus

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The State of Maharashtra Through The Ministry Cooperation And Ors. ...Respondents

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WITH

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WRIT PETITION NO. 354 OF 2024

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Waterfall Co-operative Housing Society Ltd. ...Petitioner Versus

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The State of Maharashtra Through The Ministry Cooperation And Ors. ...Respondents

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Mr. Chiraj Sarawagi i/by Mr.Viraj Bansod, Advocate for the Petitioners.

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Mr.R.S.Pawar, A.G.P. for the Respondent – State.

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Mr.Sumit Kothar, Advocate for Respondent Nos.4 & 5 in W.P. No.354 of 2024 and 355 of 2024.

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CORAM : AVINASH G. GHAROTE, J. DATE : 10^th JUNE 2024

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Digitally signed by SAJAKALI SAJAKALILIYAKAT LIYAKATJAMADARDate: JAMADAR 2024.06.1019:03:35 +0530

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Sajakali Jamadar

40-WP-355-2024.doc

P.C.:

The learned counsel for the petitioners in all these petitions has tendered across the bar the extract of a resolution passed in the Special General Body Meeting of the petitioner’s society held on 09.02.2024 in terms of which upon payment of certain amount, the respondents shall be inducted as members of petitioner’s society. The extract of the resolution is taken on record and marked as “X” for the purpose of identification.

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The learned counsel for the respondents upon instructions makes a statement that the aforesaid resolution redresses the grievances made by the Society.

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The Petition Nos.355/2024 and 354/2024 are disposed of in view of the resolution dated 09.02.2024.

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In view of the above, the order dated 19.12.2023 passed by the respondent No.2, appointing an administrator, which is assailed in WP No.168 of 2024 which was only on the ground of the petitioners not admitting the respondents as members would not survive, as this statement is made by the learned A.G.P. appearing for the respondent No2, in view of which the

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Sajakali Jamadar

40-WP-355-2024.doc

same is quashed and set aside. Writ Petition No.168 of 2024 is

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therefore allowed in the aforesaid terms.

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(AVINASH G. GHAROTE, J.)

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3 of 3

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Sajakali Jamadar

Waterfall Co-Operative Housing Society Ltd. v. State of Maharashtra through the Ministry Cooperation and Ors.

Case brief

What is this about?

What did the court decide?

Waterfall Co-Operative Housing Society Ltd. v. State of Maharashtra through the Ministry Cooperation and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Waterfall Co-Operative Housing Society Ltd. vs State of Maharashtra through the Ministry Cooperation and Ors.