- (1.) THE respondent No. 2 was a member-owner of Flat No. 12, second floor, Vrindavan (Borivali) Co-operative Housing Society and decided to sell the flat in favour of the petitioner. The petitioner claims that she made enquiries with respondent No. 1 Society about any dues from respondent No. 2 and was assured that respondent No. 2 was not in arrears of any dues. The petitioner then purchased the flat by conveyance dated August 6, 1977 for a consideration of Rs. 26,000/ -. The petitioner secured possession. At the time of transaction, the Society had instituted proceedings against respondent No. 2 for recovery of dues of Rs. 665/- and for possession and the co-operative Court passed an Award in favour of the Society on October 3,1978. The Society commenced proceedings for execution of the Award and thereupon the petitioner filed Chamber Summons No. 1005 of 1979 in the city Civil Court at Bombay, which is executing Court, restraining the Society from enforcing the Award against the petitioner.
(2.) THE petitioner also filed proceedings before the Co-operative Court against the Society for a declaration that the Award passed against respondent no. 2 is not binding on her. The petitioner also filed application for interim injunction pending the disposal of the proceedings. The Co-operative Court granted the injunction but the same was vacated by the co-operative Appellate Court by order dated March 9, 1982. The order passed by the Appellate Court is under challenge in this petition tile under articles 226 and 227 of the Constitution of India.
(3.) SHRI Jahagirdar, learned Counsel appearing on behalf of the petitioner, submitted that during the pendency of this petition, as application was made by the petitioner to the Society for being enrolled as member. The application was turned down and then the petitioner preferred an appeal before the District Deputy Registrar as prescribed under the provisions of the co-operative Societies Act. The appeal was allowed and the petitioner was directed to be enrolled as a member. Shri Jahagirdar submitted that the injunction granted by this Court pending the disposal of the petition is operative for last eight years and there is no reason why the injunction should not be confirmed till the disposal of the proceedings pending before the Co-operative Court. Shri Paradkar, learned Counsel appearing on behalf of the society, submitted that he had received no instructions in the matter and probably the dispute might have been settled. In these circumstances, we are inclined to set aside the order passed by the Maharashtra State Co-operative appellate Court and restore that passed by the Co-operative Court.;