pvr CA263-LPAST21603 IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.263 OF 2010 IN LETTERS PATENT APPEAL(ST) NO.21603 OF 2010 IN WRIT PETITION NO.2727 OF 2010 Rajas Co-operative Housing Society Ltd. ...Appellant vs. 1.Ruchita Dhiman nee Sankhe & Ors. ...Respondents --- Mr.R.V.Govilkar, for Appellant. Mr.C.P.Deogirikar, for Respondent no.1. --- CORAM: D.K.DESHMUKH & R.Y.GANOO,JJ. DATED: 9th December, 2010 P.C.: 1. Heard. Civil application is granted in terms of prayer clause (a). (D.K.DESHMUKH,J.) (R.Y.Ganoo,J.) pvr CA263-LPAST21603 IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL(ST) NO.21603 OF 2010 IN WRIT PETITION NO.2727 OF 2010 Rajas Co-operative Housing Society Ltd. ...Appellant vs. 1.Ruchita Dhiman nee Sankhe & Ors. ...Respondents --- Mr.R.V.Govilkar, for Appellant. Mr.C.P.Deogirikar, for Respondent no.1. --- CORAM: D.K.DESHMUKH & R.Y.GANOO,JJ. DATED: 9th December, 2010 P.C.: 1. Heard the learned Counsel appearing for both the sides. In the earlier round of litigation between the parties which ended with Letters Patent Appeal no.767 of 2007, Respondent no.1 was granted membership of the Society. The only objection of the Society was that the pvr CA263-LPAST21603 permission of the Collector as required by the Bye-law 17(c) was not taken. Bye-law 17(c) reads as under:- 17.(c) Notwithstanding anything contained in these bye-laws, admission of a person to membership of the Society directly or as a result of transfer of shares and interest of the existing member, in the capital/property, of the society, shall be subject to the approval of the concerned competent authorities such as collector of the District, if the Society has been given land by Government/CIDCO/MHADA. It is obvious from perusal of bye-law 17(c) that the permission is to be taken by the Society after granting membership and the membership granted by the Society is subject to the permission from the Collector. Therefore, by the order passed in the Letters Patent Appeal on 20.3.2008, the Society was permitted to make an application to the Collector for permission. Accordingly, the Society made that application pvr CA263-LPAST21603 and in that application a clear statement has been made by the Society that the original member Mr.Sachidanand Damodar Kanekar has transferred the flat in favour of Respondent no.1 by a registered sale deed dated 27.12.2001. Now as according to the Society itself the original member has by registered sale deed transferred the flat to Respondent no.1, the society is unreasonably asking that first the heirs of original member should be brought on record as members. In our opinion, the learned Single Judge has rightly held that by making an application dated 17.4.2008 under the bye-law 17(c),the Society conceded to the position that Respondent no.1 has already admitted as a member of the Society, and therefore, to comply with the bye-law 17(c), an application is made by the Society itself for approval. We do not see any substance in the appeal. The appeal is rejected. (D.K.DESHMUKH,J.) (R.Y.Ganoo,J.)