CAW.1222-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 1222 OF 2010 IN CIVIL WRIT PETITION No. 3680 OF 1999 Smt. Norysca Wassoodew ...Applicant Vs. Model Town Co-Op. Housing Society Ltd. & Ors. ...Respondents WITH CIVIL APPLICATION No. 1223 OF 2010 IN CIVIL WRIT PETITION No. 3680 OF 1999 Rajesh Joshi & Ors. ...Applicants Vs. Model Town Co-Op. Housing Society Ltd. & Ors. ...Respondents *** Mr. Vishwjit Savant a/w Ms. Deepali Thakor, Ms. Harshal Manik i/b Hemangi Modi, for the Applicant, in Civil Application No. 1222/2010. Mrs. Archana Khan i/b Shri M. M. Vashi, Smt. Hemangi N. Modi, for the Applicants in Civil Application No. 1223/2010. Mr. B. A. D’Lima i/b Mr. G. ‘Lima & Co. for Respondent No.2 *** CORAM: V. M. KANADE J. DATE : MARCH 7, 2011 P.C. 1. Heard the learned counsel appearing on behalf of the applicant and the respondent. By an order dated 18th July, 2005 Civil CAW.1222-10 - 2 - Application taken out by the applicant for substituted service on respondent No.1 – Motel Town Cooperative Housing Society Ltd. was granted. Accordingly, the applicant published two notices in two newspapers, namely “The Economic Times” and “Janmbhumi”. Thereafter the matter appeared on the board on 15th March, 2010 and the learned Single Judge observing that since the applicant has not reported compliance of the order 18th July, 2005, dismissed the petition for non- prosecution as against respondent No.1. It is submitted that though the order was complied with by the applicant, affidavit of compliance was not filed and therefore, the said order was passed. It is submitted that therefore, the said order dated 18-7-2005 may be recalled. 2. On the other hand, the learned counsel appearing on behalf of respondent submits that so far as respondent No.1 is concerned, the said Society is no longer in existence, since pursuant to an order 18th September, 1982 passed under Section 17 and 18 of the Maharashtra Cooperative Act, 1960, there has been bifurcation of the said Society in three other Societies. Therefore, the order dated 15-3-2010 dismissing the writ petition for want of prosecution against respondent No.1 may be recalled. 3. In view of the statement made by the learned counsel CAW.1222-10 - 3 - appearing on behalf of respondent No.2, the petitioner will have to delete name of respondent No.1, in view of the developments of bifurcation of the said Society into three other Societies and the said three Societies are already on record. An appropriate application shall be made by the respondent. Civil Application is accordingly disposed of. [ V. M. KANADE J.]