ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.4908 OF 2008 PETITION NO.4908 OF 2008 PETITION NO.4908 OF 2008 Mr.Suresh Vithal Medhekar & Ors. ...Petitioners. Vs. Powai Cosmopolitan Co-op.Hsg.Soc. Ltd. & Ors. ...Respondents. Mr.Amardev J.Uniyal with Mr.P.B.Ahire for the Petitioners. Mr.A.M.Ranu, Member of Respondent No.1 in person. CORAM CORAM CORAM : R.V.MORE, J. : R.V.MORE, J. : R.V.MORE, J. DATED DATED DATED : 9th July, 2008 : 9th July, 2008 : 9th July, 2008. P.C. P.C. P.C. . Heard Mr. Uniyal, the learned counsel appearing for the Petitioners and Mr.Ranu, Member of the Respondent No.1 in person. 2. The Petitioners who are the members of the Respondent No.1 Society, filed dispute bearing No. CC/III/342/2008 challenging the Resolution No.8 passed in Annual General Meeting of Respondent No.1 Society on 09/09/2007. By this Resolution, Respondent No.1 Society decided to replace all the existing share certificates and to issue the new share certificates to all its members. The Resolution is challenged on ( 2 ) the ground of arbitrariness. The Petitioners also filed an ad-interim application at Exhibit "I" for restraining the Respondent No.1 Society by an order of injunction from cancelling the Original Share Certificates issued in the year 2005. The Co-operative Court by its order dated 06/05/2008 rejected the Petitioners’ application for interim injunction. The Petitioners being aggrieved, preferred an Appeal before the Co-operative Appellate Court bearing No.70/2008. This Appeal was also dismissed by the learned Member of the Maharashtra State Co-operative Appellate Court, Mumbai by an order dated 26th June, 2008 which order is being impugned in the present Writ Petition. 3. The finding is recorded by the Co-operative Appellate Court that the Resolution impugned in the dispute is passed by majority. It is, further observed that no irreparable loss or injury will be caused to the Petitioners if the injunction is not granted. Be that as it may be. Mr.Ranu, appearing in person on behalf of Respondent No.1 also makes statement that in pursuant to the above Resolution, the new Share Certificates are already issued on 23rd June, 2008. ( 3 ) 4. In view of above, in my opinion, the Petitioners’ application for interim relief has become infructuous and therefore, no relief can be granted in favour of the Petitioners. 5. The Petition is dismissed, accordingly. . No costs. ( R. V. MORE, J.) R. V. MORE, J.) R. V. MORE, J.)