1 27-38 WP.7072.11 ORS ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION WRIT PETITION NOS. 7072, 7193, 7712, 7713, 7715, 7718, 7721, 7724 and 7739 OF 2011 Parivar Co-operative Housing Society Ltd. Versus Vasudev M. Dhamapurkar and others. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. A.S.Desai a/w Mr. R.S.Ghatge for the Applicant. Mr. Nitin V. Gangal for Respondent No.1 in Writ Petition Nos.7718, 7724 and 7739 of 2011. Mr. D.S.Sapkale for Respondent No.1 in rest of the Writ Petitions. CORAM : A.S.OKA, J. DATE : 20 th October, 2011. P.C. . Not on board. Taken on board. 2 Heard the learned counsel appearing for the Petitioner, the learned counsel appearing for the private Respondents and the learned AGP for the 2 27-38 WP.7072.11 ORS Assistant Registrar, the Divisional Joint Registrar and the State of Maharashtra. 3 After arguing the petitions for sometime, the learned counsel appearing for the Petitioner and the learned counsel appearing for contesting Respondents (except the Assistant Registrar, Divisional Joint Registrar and the State of Maharashtra) on instructions agree that these petitions can be disposed of by passing an order by consent. 4 Hence, the petitions are disposed of by passing the following order: i. The impugned orders passed by the Assistant Registrar of the Co-operative Societies, S-Ward, Mumbai in the appeals under Section 23(2) of the Maharashtra Co-operative Societies Act, 1960 as well as the judgment and order dated 25 th May, 2011 passed by the Divisional Joint Registrar of the Co- operative Societies, Mumbai Division, Mumbai are quashed and set aside and the appeals preferred by the contesting 3 27-38 WP.7072.11 ORS Respondents under Section 23(2) of the said Act of 1960 are restored to the file of the Assistant Registrar of the Co- operative Societies, S-Ward, Mumbai. ii. All issues arising between the parties including the dispute regarding number of members actually enrolled by the Petitioner – Society are kept open to be decided in the appeals. It is made clear that this Court has not made any adjudication on the issues involved in the appeals. iii. The learned counsel appearing for the Petitioner – Society on instructions states that from today onwards till the disposal of the appeals under Section 23(2) of the said Act of 1960, the Petitioner – Society shall not utilize FSI or TDR in respect of the property vesting, as of today, in the Petitioner – Society and that till the disposal of the appeals, enrollment of new members 4 27-38 WP.7072.11 ORS shall not be made. He, however, states that if the members who are already enrolled as of today, desire to transfer their membership, the same will be permitted. He states that intimation of such transfers shall be given to the Assistant Registrar of the Co-operative Societies, S-Ward, Mumbai. The statements made by the Petitioner – Society are accepted. iv. The parties are directed to appear before the Assistant Registrar of the Co- operative Society, S-Ward, Mumbai on 21 st November, 2011 only for fixing the schedule of hearing. v. It will be open for the parties to the appeal to file additional documents ; vi. The Assistant Registrar shall make an endeavour to decide the appeals as expeditiously as possible and preferably on or before 31 st March, 2012 ; and 5 27-38 WP.7072.11 ORS vii. The parties and the Assistant Registrar shall act upon the authenticated copy of this order. [ A.S.OKA, J ]