wp1876-10.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1876 OF 2010 The Raj Hans CHS Ltd .. Petitioner versus Dr.Niranjan Maniar & Ors .. Respondents Ms.Rubia Taneja with Ms.Shama Taneja for the petitioners. Mr.N.N.Bhadrashete for respondent Nos.1(a) and 1(b). Mr.R.M.Patne, A.G.P for respondent Nos.2 to 4. CORAM : S.C.DHARMADHIKARI, J. 8th JUNE 2011. P.C.: . Heard. The orders under challenge merely decide the application for membership to the petitioner-Society. The Authorities during the course of dealing with such an application have found concurrently that the purchaser has purchased a distinct flat and the Society has treated it as such. The findings of fact recorded and particularly at page 65 of the paper-book would go to show that the petitioner Society is not prejudiced in any manner. The orders and observations do not prohibit the Society from taking recourse to law for recovering the arrears, if any, from wp1876-10.doc 2 the defaulting parties so also taking such action as is permissible in relation to the Flat No.23. It has been clarified that the respondent Nos.1 and 1(a) had purchased Flat No.22 alongwith Garage No.3 and they have absolutely no right in Flat No.23. 2 In the light of clarification and finding that the purchaser of Flat No.22 has been paying the maintenance charges regularly, there is no need to interfere and more particularly, after clarifying that all the observations are without prejudice to the rights and contentions of the petitioner Society and it will be permissible for it to take recourse to law if it has any subsisting grievance in relation to the identity of the flats or the amounts that are to be recovered. All contentions in that behalf are kept open. Petition is dismissed. (S.C.DHARMADHIKARI, J)