- (1.) Heard. Perused the records.
(2.) The petitioners are challenging the order passed by the Divisional Joint registrar, Co-operative Societies (Appeals) , Mumbai on 22-6-2000 in the Revision application No. 368 of 1998. By the impugned order, while confirming the recovery certificate dated 10-8-1998, issued by the Deputy Registrar, Cooperative societies against the respondent No. 1, the Divisional Joint Registrar had dismissed the revision application filed by the petitioners against the order dated 10-8-1998 whereby the Deputy Registrar had upheld the contentions on behalf of the respondent Nos. 1 to 3 and restricted their liability to rs. 1,10,260. 80 ps.
(3.) The dispute between the parties had arisen on account of the resolution passed by the petitioner-society for recovery of non-occupancy charges at the rate of Rs. 7.50 ps. per sq. ft. per month in relation to non-residential premises and accordingly the demand was made from the respondent nos. 1 to 3 in relation to the flat No. B/2, situated on the first floor of the petitioner-society's building at 39, Napean Sea Road, Murnbai. The contention of the respondent Nos. 1 to 3 was that the said demand was in contravention of the circulars issued by the Government fixing the liability in relation to non-occupancy charges to the extent of 25% of the service charges collected by the society from its members under the circular dated 13-3-1992 and further the collection of such charges to be made only once in terms of the circular dated 9-3-1995 and not annually or monthly. On the other hand, it was the contention of the petitioners that irrespective of the said circulars, the partner of the respondent No. 1 under the letter dated 24-3-1992 had agreed to pay the non-occupancy charges at the rate of Rs. 7.50 ps. per sq. ft. per month and that being a concluded agreement between the parties, it was binding upon the respondents to pay the said amount accordingly. Reliance is placed in that regard in the said letter dated 24-3-1992 in support of the said contention.;