:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2460 OF 2007 Shree Alankar Co-operative Housing Society Ltd. .. Petitioner. Vs. Manisha L.Shah alias Manisha J.Kesaria & Ors. .. Respondents. Mr.C.P.Deogirikar for the petitioner. Ms.Lakshmi Muray for the respondents. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 13TH FEBRUARY, 2008. DATED : 13TH FEBRUARY, 2008. DATED : 13TH FEBRUARY, 2008. P.C.: P.C.: P.C.: . Heard learned counsel for the parties. 2. This petition is directed against the orders passed by the courts below by which an application filed by the respondent-disputants for interim relief dated 18th February, 2005 stands allowed. The operative portion of the order dated 26.5.2005 passed by the Co-operative Court No.4 reads thus: "1. The application is allowed. 2. The opponents are directed to give true and proper accounts, copies of personal ledger account bill raised etc. in respect of disputant shops from the inception of the Society. 3. The opponents are directed to give inspection of all documents transactions payments made and received by the Society to the disputants. 4. The opponents are restrained from incurring any expenses without consent of the :2: :2: :2: disputants except statutory ends." . This order is confirmed by the Co-operative Appellate Court vide judgment and order dated 6th October, 2006. The learned counsel for the petitioner invited my attention to paragraph 4 of the operative portion of the said order and submitted that in view thereof the society is not in a position to incur even day to day expenses. From perusal of paragraph 4 it is clear that except statutory dues the society is restrained from incurring any expenses without consent of the disputants. The learned counsel for the petitioner-society submits that the society would be satisfied if they are allowed to incur day to day expenses unconditionally. The condition in paragraph 4 appears to be harsh and needs to be modified. Such condition cannot be put on the Managing Committee duly elected by the society. In view thereof I modify paragraph 4 of the operative portion in the following terms: . The petitioner-society is allowed to incur day to day expenses and statutory dues for which the consent of the respondent-disputants is not necessary. The opponent society, however, shall approach the Co-operative Court for seeking its permission if they require to incur unusual expenses :3: :3: :3: and if the amount is more than Rs.10,000/-. If the petitioner-society makes such an application the Co-operative Court shall decide it expeditiously. Except this modification rest of the order remains unaltered. It is open for the respondent-disputant to apply afresh for copies of documents in pursuance of the impugned order dated 26.5.2005 and if such an application is made by them the society shall supply the documents at the disputant’s expense within four weeks from the date of such application. Considering the nature of dispute the Co-operative Court shall endeavour to dispose of the dispute (Dispute No.CC-IV/86 of 2004) as expeditiously as possible and preferrably within a period of six months from the date of receipt of this order. The writ petition is disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)