NAVJIVAN COMMERCIAL PREMISES CO-OPERATIVE SOCIETY LTD. Vs. GENERAL HYDRAULICS PVT. LTD.

JUDGEMENT

(1.) The petitioner housing society has filed this writ petition under Article 227 of the Constitution of India. The petitioner challenges the judgments and orders passed by the authorities under the Maharashtra Co-operative Societies Act, 1960 while exercising powers under Sec. 23(2) of that Act.

(2.) The facts are as follows. Respondent No.1 applied for transfer of Office No.711 in 1977. The petitioner society asked respondent No.1 to submit certain documents. Respondent No.1 did not provide those documents. The society treated the transfer application of Office No.711 in the name of respondent No.2 as incomplete and did not decide it.

(3.) Respondent Nos.1 and 2 then filed Appeal No.5 of 2005 before the Deputy Registrar, Co- operative Societies, Mumbai. By order dtd. 4/8/2008, the Deputy Registrar dismissed the appeal. The Deputy Registrar held that an appeal under Sec. 23(2) of the Act was not maintainable, because the petitioner society had not communicated any refusal of membership to respondent No.2.