1 WP1269.11 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1269 OF 2011 Mr.Abu Rashid & ors. ... Petitioners v/s Golwalla Apartments CHS Ltd. & ors. ... Respondents Mr.Kuldeep S. Patil for the petitioners. Mr.A.B.Vagyani, A.G.P. for Resp. No.3. CORAM: B.H.MARLAPALLE & SMT.NISHITA MHATRE, JJ. DATED: 30TH NOVEMBER, 2011 P.C.: 1. Heard Mr.Patil, the learned counsel for the petitioner. 2. One Mr.Mirza Aziz Ahmed Baig Azami was a member of Golwalla Apartments Co-operative Housing Society Ltd. since the year 2000. He died on 29.7.2000 i.e. after he was enrolled as a member of the said Society. On demise of Mr.Mirza Aziz Ahmed Baig Azami, the membership was transferred in favour of Mr.Kalim Aziz Ahmed Baig, respondent No.2. About nine years later, the present 2 WP1269.11 petitioners claiming to be the brothers of Mr.Kalim Aziz Ahmed Baig and partners of M/s.Rubi Supari Stores along with respondent No.2, filed an application before the Assistant Registrar, Co-operative Societies, purportedly under Section 25-A of the Maharashtra Co-operative Societies Act, 1960 and prayed that the name of respondent No.2 was required to be removed from the roll of the membership. By his order dated 29.5.2010 the said application was allowed by the Assistant Registrar. As the said order was not implemented, the Assistant Registrar passed one more order again on 24.9.2010 directing to implement the order dated 29.5.2010. Even the second order was not implemented and, therefore, their application was moved by the petitioners before the Assistant Registrar. The Assistant Registrar, by the impugned order dated 30.11.2010, informed the petitioners that the subject matter of the dispute would fall within the jurisdiction of the Co- operative Court and the dispute be raised under Section 91 of the Maharashtra Co-operative Societies Act. 3. We have noted from the reply filed by respondent No.2 before the Assistant Registrar that he has denied the relationship between the applicant No.1 and himself as the brothers. He has also pointed out that Shop No.8 which was 3 WP1269.11 in occupation of Mr.Mirza Aziz Ahmed Baig Azami did not belong to a partnership firm by name M/s.Ruby Supari Stores and it was his individual property. Thus, the issue raised before the Assistant Registrar regarding the partnership of the Society on the demise of a existing member, the Assistant Registrar by the impugned order rightly directed the petitioners to approach the Co-operative Court by filing a dispute under Section 91 of the Maharashtra Co-operative Societies Act. 4. The petition is, therefore, rejected. (SMT.NISHITA MHATRE, J.) (B.H.MARLAPALLE, J.) 4 WP1269.11