ladda WP 9968 of 2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9968 OF 2009. Majithia Nagar Co-operative Housing Society Limited ....Petitioner Versus The Divisional Joint Registrar, Co-operative Societies, Mumbai & Anr ...Respondents. Mr V.R.Walawalkar i/by Shri S.R.Bhalekar for the petitioner. Mr Navin Parekh, Hetal Patel i/by M/s M.T. Miskita & Co. for respondent No.8. Mr A.A. Kumbhakoni, Sr.Advocate with R.A.Rodrigues, Sagar Talekar for Respondent Nos. 2 to 7. Ms Aparna Vatkar, A.G.P.for respondent No.1. CORAM : RANJIT MORE, J. DATED : 28 September, 2011. ladda WP 9968 of 2009 P.C.: 1. Heard learned counsel for the respective parties. 2. The petitioner – Majithia Nagar Co-operative Housing Society (for short “petitioner-society”) by filing this petition under Article 227 of the Constitution of India, challenges the order dated 30th May, 2006, passed by the District Deputy Registrar, Cooperative Societies, R-Ward, Mumbai, (for short “Deputy Registrar”) as confirmed by the Divisional Joint Registrar, Co-operative Societies, Mumbai Division, Mumbai. By the said order, passed under the provisions of Section 77 (3) of the Maharashtra Co- operative Societies Act, 1960 (for short “MCS Act”), the Deputy Registrar declared that the General Body of the petitioner-Society has acted in transparent and honest way while passing the Resolution dated 23.1.2005. 3. Mr Walawalkar, learned counsel for the petitioner, invites my attention to the provisions of Section 77 of the MCS Act and points out that the order impugned is beyond the scope of provisions of Section 77. He submits that the Deputy Registrar has no business to decide the validity of the Resolution and only a Cooperative Court can decide the same. Mr Kumbhakoni, learned senior counsel for respondent Nos. 2 to 7 and Mr Parekh, learned counsel for respondent No. 8 respectively submit that respondent Nos. 2 to 4, 6 and 7 have filed Dispute being No. CC/IV/175/2009 in the Co-operative Court under the provisions of Section ladda WP 9968 of 2009 91 of the MCS Act for declaration that meeting dated 23.1.2005 is valid, legal and binding upon the petitioner-Society and another Dispute being No. CC/IV/175/2010 is filed by one of the member of the petitioner-society, namely Shekar Modi, challenging said Resolution dated 23.1.2005, is pending before the Co-operative Court at Mumbai. In addition to this, respondent No. 8 - Developer has also filed Suit No.2408/2006 in this Court for specific performance of Development Agreement entered into between respondent No.8 and the petitioner-Society. 4. In the above facts and circumstances of the case, learned counsel for the respective parties agree that validity and legality of the Resolution passed in the General Body Meeting of the petitioner-Society on 23.1.2005 is subject matter of the Disputes mentioned above and the Co- operative Court will decide the same by exercising its jurisdiction under Section 91 of the Co-operative Societies Act. They further agree that the said Disputes will be decided independently on its own merit and without being influenced by the impugned orders passed by the Deputy Registrar and confirmed by the Divisional Joint Registrar in an appeal. They also agree that the impugned orders will be subject to the order passed by the Cooperative Court in the Disputes mentioned above. In view of this agreement among the learned counsel for the parties, writ petition is disposed of by passing the following order:- ladda WP 9968 of 2009 ORDER Cooperative Court Mumbai shall decide the Dispute No. CC/IV/175/2009 filed by Respondent Nos. 2 to 4,6 and 7 as well as Dispute No.CC/IV/175/2010 filed by one of the member of the petitioner-Society, namely Shekar Modi, as expeditiously as possible, on its own merit and without being influenced by the impugned order dated 30th May, 2006, passed by the District Deputy Registrar, and confirmed by the Divisional Joint Registrar, which orders shall be subject to the final outcome of the Dispute Nos. CC/IV/175/2009, filed by Respondent Nos. 2 to 4, 6 and 7 as well as Dispute No.CC/IV/175/2010, filed by Shekar Modi, pending before the Cooperative Court, Mumbai and the Suit No. 2408/2006 filed by Respondent No. 8 in this Court. Order accordingly. (RANJIT MORE, J.)