IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No. 287 of 2008 in Writ Petition No. 1147 of 2008 1. Nilesh Mehta and ors. ..Applicants Vs. 1. State of Maharashtra & ors. ..Respondents Mr.A.S.Desai with Mr.D.W.Bhosale for petitioner Ms.Greta Rosario with Mr.J.N.Vohra for respondent no.6. CORAM: S.C.DHARMADHIKARI CORAM: S.C.DHARMADHIKARI CORAM: S.C.DHARMADHIKARI J. J. J. 15th July 2008 15th July 2008 15th July 2008 P.C. P.C. P.C. 1. The Notice of Motion was placed before me earlier i.e. on 1st July, 2008. On this motion order was passed directing the notice to be issued to respondent nos. 4 and 5. 2. Respondent No.5 is Ex Secretary. He is present in Court so also his Advocate pursuant to the notice. Respondent No.4 is the Cooperative Housing Society and the notice is duly served. 3. Respondent No.5 in person also through his Counsel states that on 23rd August, 2007 the documents which are mentioned in the list have been handed over to the Administrator who have possession thereof. Further, respondent no.5 is aware of the action initiated by the Deputy Registrar, Cooperative Societies, MHADA. 4. In pursuance of the Court notice and this action he states that he has no record, documents, papers, vouchers in his possession pertaining to respondent no.4 society. He has handed over all records to the Board of Administrator. 5. He gives an undertaking that he will not interfere with the work of Board of Administrators nor will take any steps so as to violate the orders and directions of this Court. He makes a further statement that he will assist the Aministrator in complying with the orders of the Court and holding elections. Further, he will comply with the order passed by the Deputy Registrar on 11th July, 2008. 6. In such circumstances at the request of Mr.Desai time to hold elections stands extended by 8 weeks from today. In the light of this statement and undertaking of respondent no.5 no further orders and directions are necessary. 7. The board of administrators will be at liberty to prepare the voters’ list after ascertaining from the respective members the date of issuance of the share certificate by the Cooperative Housing Societies and on proving the documents pertaining to the membership. The Notice of Motion is disposed of. This order is passed in presence of respondent no.5. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)