wp3528-11.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3528 OF 2011 Bhagwan Chandumal Thadani .. Petitioners Versus Divisional Joint Registrar & Ors. .. Respondents Mr.A.A.Kumbhakoni with Yogesh Israni for petitioners Mr.S.K.Shrivastav with Ms.Arati Sawant i/b. S.K.Srivastav & Co. for respondent Nos. 4 to 8 CORAM : S.C.DHARMADHIKARI, J. DATE : 10th JUNE 2011. P.C.: 1] Heard Mr.Kumbhakoni, learned Counsel for petitioner and Mr.Srivastav for contesting respondents. Perused the impugned order allowing an appeal preferred by the contesting respondents before me and remanding the case back to the Assistant Registrar. The Assistant Registrar was considering the request of the contesting respondents before me for enrolling them as members on the basis that they satisfy the requirements of section 2(19)(b) of the Maharashtra wp3528-11.doc 2 Cooperative Societies Act, 1960 read with section 22 and 24 thereof. Reliance was placed on certain documents including resolution of Managing Committee and the endorsement on the application. 2] Finding that these documents have been omitted from consideration and that the same has not been referred to in the impugned order, the Divisional Joint Registrar allowed the appeal and has passed an order of remand. 3] In my view, neither the observations made nor the final order of remand concludes the issue finally. It will be open for the petitioners to contend that for becoming Associate member the person concerned must have an interest in the property jointly with that of the person whose name appears first in the share certificate. In fact share certificates have also not been issued and without share certificate showing the names, the application could not have been granted. wp3528-11.doc 3 4] These contentions can still be raised and all pleas based thereon by both sides, including, with regard to the compilation of documents tendered before me are kept open. The Assistant Registrar will independently apply his mind to all these contentions and documents and pass necessary orders in accordance with law after hearing both sides as expeditiously as possible. With this clarification the petition is disposed of. Parties agree that they will appear before the Assistant Registrar on 16th June 2011 at 10.30 a.m. (S.C.DHARMADHIKARI, J)