FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2404 OF 2007 IN WRIT PETITION NO.5567 OF 2004 -------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s or Court’s or Judge’s orders directions & Registrar’s orders -------------------------------------------------------------------- Mr.Sawant, senior counsel i/by Mr.M.T. Pise for the applicant. Mr.S.S. Kanetkar i/by Mr.G.S. Godbole for respondent No.1. Mr.Nitin Mulye for respondent Nos.2 to 4. CORAM : J.P. DEVADHAR, J. DATED : 27TH JUNE, 2008. P.C. 1. This civil application is taken out by the respondent - Society seeking permission to start actual construction work in view of the commencement certificate issued by the Pune Municipal Corporation, Pune. 2. The petitioners had filed a dispute under Section 91 of the Maharashtra Cooperative Societies Act, 1960 claiming rights as deemed members of the Society. During the pendency of the Dispute, the petitioners sought an injunction to restrain the Society from allotting the plots to the respective members of the Society. By an order dated 24-9-2003, the Cooperative Court rejected the application of the petitioners. Challenging the said order, the petitioners filed an appeal before the Maharashtra Cooperative Appellate Court. The said appeal was dismissed by the Maharashtra Cooperative Appellate Court on 21-4-2004. Challenging the aforesaid order of the Cooperative Appellate Court, the present petition is filed. 3. While admitting the petition on 3-10-2005, this Court ordered that during the pendency of the proceedings, the respondent - Society may proceed to obtain permission from the Pune Municipal Corporation for construction, however, without the permission of this Court, the Society shall not commence the actual construction work. Accordingly, the Society after obtaining requisite permission from the Pune Municipal Corporation has taken out the present Civil Application seeking permission to start the actual construction work. 4. As the petitioners claim Flat admeasuring 550 sq. ft. each on the basis of deemed membership, till their membership dispute is resolved it would be just and proper to protect their interest by securing a flat for each of the petitioners. The learned counsel for the Society states that pending the hearing and final disposal of the dispute the respondent - Society shall reserve 9 flats for each of the 9 petitioners admeasuring 550 sq. ft. each. On behalf of the Society, an undertaking shall be filed to that effect within a week from today. Undertaking to the above effect is accepted. 5. Subject to the aforesaid undertaking of the Society, the civil application is allowed and the respondent - Society is permitted to start actual construction work in accordance with the certificate issued by the Pune Municipal Corporation. It is made clear that the validity of the certificate issued by the Pune Municipal Corporation is not the subject matter of the petition and is not considered herein. 6. The civil application is disposed of accordingly with no order as to costs. J.P. DEVADHAR, J.