:1: :1: :1: HIGH HIGH HIGH COURT OF JUDICATURE AT BOMBAY COURT OF JUDICATURE AT BOMBAY COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 8432 OF 2005. PETITION NO. 8432 OF 2005. PETITION NO. 8432 OF 2005. Maharashtra State Co-op. Housing Finance Corporation. ..Petitioner. Versus. Sou. Vasanti Jagadish Chandak & Ors. ..Respondents. --------- AND WRIT WRIT WRIT PETITION NO. 8435 OF 2005. PETITION NO. 8435 OF 2005. PETITION NO. 8435 OF 2005. Maharashtra State Co-op. Housing Finance Corporation. ..Petitioner. Versus. Sou. Kamalabai M. Chandak & Ors. ..Respondents. --------- AND WRIT WRIT WRIT PETITION NO. 8436 OF 2005. PETITION NO. 8436 OF 2005. PETITION NO. 8436 OF 2005. Maharashtra State Co-op. Housing Finance Corporation. ..Petitioner. Versus. Jagdish Mohanlal Chandak & Ors. ..Respondents. Apperance in all matters: Shri. Pratap Patil for the Petitioners. CORAM: CORAM: CORAM: S.B.MHASE S.B.MHASE S.B.MHASE,J. DATE DATE DATE : MARCH 8, 2006. : MARCH 8, 2006. : MARCH 8, 2006. P.C. P.C. P.C. 1. Heard. It appears from the record that the loan was sanctioned by the petitioner - Co-operative society in respect of the plot which was given by the said society to the builder for development. Thereafter the builder has prepared the documents showing that the respondent is a member and purchased the plot. The loan was advanced to the society and its members and the said plot was given to the builder for development. It further appears that in stead of allotting the said plot :2: :2: :2: to the members to whom the loan was advanced, the said plot has been sold by the builder outrightly to the respondent. In fact, it appears that it is the builder’s society wherein the fictitious documents are prepared and plots are sold. In fact, the petitioner should have taken appropriate precautions before advancing the loan to such society and members. Without verifying the factual material the loan has been advanced. The application under section 101 of the Maharashtra Co-operative Societies Act was filed not as against the society and/or the original members, but it has been filed as against the purchasers of the said plots. Learned counsel submits that it was also against the original members. However, the fact remains that the original members are not in possession of the plots and persons who have purchased the said plots are not the members of the said society. All this mess has been created by the builder and chairman of the society who has taken loans. The revisional authority has taken proper cognizance of these facts. The purchasers who have parted with the money are not at all at fault in any way. There is no privity of contract between the purchaser of the said plots and the petitioner. No interference is called for. Petitions are hereby rejected. (S.B.MHASE, (S.B.MHASE, (S.B.MHASE, J.) J.) J.)