1 9.wp7556.7557.11 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7556 OF 2011 Parivar Co-op. Housing Society Ltd. ....Petitioner. Vs. Shri Tanaji G. Bhandare & ors. ....Respondents WITH WRIT PETITION NO. 7557 OF 2011 Parivar Co-op. Housing Society Ltd. ....Petitioner. Vs. Shri Laxman A. Zanjale & ors. ....Respondents Mr. R.S. Ghadge i/b. Mr. A.S. Desai, Advocate for Petitioner. Mr. D.S.Sapkal, Advocate for Respondent No. 1. Ms. M.S. Bane, AGP for Respondent Nos. 2 to 4. CORAM:- GIRISH GODBOLE, J DATED:- DECEMBER 16, 2011 P.C. 1. Heard Mr. Ghadge, the learned counsel appearing for the Petitioner, Mr. Sapkal, the learned counsel appearing for the Respondent No.1 and the learned AGP for the Assistant Registrar, the Divisional Joint Registrar and the State of Maharashtra. 2 9.wp7556.7557.11 2. Rule. Rule made returnable forthwith and heard by consent of the parties. 3. After arguing the petitions for sometime, the learned counsel appearing for the Petitioner and the learned counsel for contesting Respondents (except the Assistant Registrar, Divisional Joint Registrar and the State of Maharashtra) on instructions agree that these petitions can be disposed off by passing an order by consent. 4 Hence, the petitions are disposed off by passing the following order: i. The impugned orders passed by the Assistant Registrar of the Cooperative Societies, S-Ward, Mumbai in the appeals under Section 23(2) of the Maharashtra Cooperative Societies Act, 1960 as well as the judgment and order dated 25th 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 Respondents under Se 3 9.wp7556.7557.11 ction 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 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 4 9.wp7556.7557.11 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 30th December, 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 31st March, 2012. vii.Rule made absolute in the aforesaid terms with no order as to costs. viii.The parties and the Assistant Registrar shall act upon the authenticated copy of this order. (GIRISH GODBOLE, J)