: 1 : wp.4122.2011.sxw vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4122 OF 2011 Jay Yeshwant CHS Ltd. ... Petitioner V/s. Atul Yashwant Dupate & Ors. ... Respondents Mr.A.G. Damle for the Petitioner Mr.Omar Khaiyam Shaikh for the Respondent Nos.1 to 4 Mr.H.S. Shreepadmurthy for Resp. No.5 CORAM: S.C.DHARMADHIKARI, J. DATE: JULY 7, 2011. P.C.: 1. By this writ petition under Article 227 of the Constitution of India, the petitioner society is challenging the order passed by the Maharashtra State Cooperative Appellate Court, Mumbai dated 31.1.2011 dismissing the appeal Nos.68 of 2009 and 80 of 2009. 2. These appeals were challenging the order passed by the Cooperative Court in case No.CC/III/354/2008. That dispute was filed by one Atul Yashwant Dupate, who is Respondent No.1 in this writ petition together with Respondent Nos.2 to 4. This dispute was filed against the Petitioner society and one Kausthub Construction Private Limited claiming permanent injunction restraining them from developing the society’s property in pursuance of a : 2 : wp.4122.2011.sxw development agreement. In such a dispute an application for interim injunction was made by the original disputant and the trial Court by its interim order temporarily restrained Petitioner from carrying on the redevelopment/construction activity at site. 3. This order was challenged by the petitioner society and the developer in the appeals before the cooperative appellate Court, both of which having been dismissed that this writ petition has been filed. 4. After having heard Mr.Damle, appearing for the petitioner society, Mr.Shaikh appearing for Respondent Nos.1 to 4 and Mr.Murthy on behalf of Respondent No.5, this writ petition is disposed of with their consent by a direction that the petitioner society will convene a meeting of the general body of the said society as expeditiously as possible and within a period of four weeks from today. The said meeting shall be presided over by the Assistant Registrar of Cooperative Societies of the subject Ward, that is Bhandup (East), Mumbai. At this meeting, the only item on the agenda, namely, whether the society’s property should be redeveloped in accordance with the development agreement executed with M/s.Kausthub Construction Private Limited or whether offers by other developers and builders, should be considered. The Assistant Registrar shall allow all those present and interested to speak and take part in the discussions therein and put the proposals to vote, if required. The general body shall not discuss any other item except this and the proceedings shall conclude thereafter. Needless to state that the original : 3 : wp.4122.2011.sxw disputants, Respondent Nos.1 to 4, to this writ petition are free to place offers from interested builders and developers before the general body for the consideration of the general body. They may place these offers with the Assistant Registrar prior to the general body meeting so that he can circulate the same to the members of the petitioner society. Equally, Respondent No.5 developer shall be given notice of this meeting and its representatives shall remain present and take part in the proceedings. Needless to state that this order will not preclude the respondent No.5 from raising appropriate pleas and his participation will be subject to his legal rights. In the light of this arrangement arrived at by the parties, the impugned orders are quashed and set aside. The petition is accordingly disposed of with no order as to costs. 5. In view of the above, Writ Petition No.4594 of 2001 is allowed to be withdrawn and dismissed as such. (S.C.DHARMADHIKARI, J.)