1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION NOTICE OF MOTION NO. 4820 OF 2007 IN SUIT NO. 3020 OF 2006 Mr. Sanjay Sudesh Kapur and Ors. .... Plaintiffs. V/s. Sarla Sudesh Kapur and Ors. .... Defendants. AND The Excellency Co-operative Society. ... Applicant. ....... Mr. Rajiv Narula with Mr. A. Dasgupta i/b. Jhangiani Narula & Associates for the Plaintiffs. Mr. D.D. Madon, Sr. Counsel with Ms. Sheetal Shah i/b. Mehta & Girdharlal for the Defendants. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 14TH JANUARY 2008. P.C. :- This is an application taken out by the Co-operative Society seeking the permission of the Court to act in pursuance of the 2 nomination executed by the deceased member. All the learned Counsel are agreed in stating before the Court that the parties have no objection to the exercise of such functions which the Co-operative Society is required to discharge under the Maharashtra Co-operative Societies Act, 1960 for the purposes of giving effect to a valid nomination executed by a member of the Society. It is well settled that a mere nomination does not confer title or interest. A statement has also been made on behalf of the First Defendant that the First Defendant would continue to be bound by the statement which was made before this Court and recorded in the order dated 25th April 2007. In view of the aforesaid statements, which are accepted, no directions are sought. The Notice of Motion is disposed of. ------