VEENA KHURANA AND ANRversusDY. REGISTRAR OF CO-OP. SOC. K / EAST, WADALA AND ORS

                                                                                  903-WP-6801-2019.odt


               rajshree


                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                     CIVIL APPELLATE JURISDICTION
                                                     WRIT PETITION NO.6801 OF 2019


                                 Veena Khurana & Anr.                           ….    Petitioners
                                               vs.
                                 Deputy Registrar of Co-operative
                                 Societies & Ors.                               .…    Respondents


                                 Mr.Rohaan Cama i/b Ms.Sapana Rachure for the Petitioners.
                                 Mr.Ajit Anekar for Respondent No.5.
                                 Mr.Vinod Prajapati i/b Mr.Mohit Bhardwan for Respondent No.6.
                                 Mr.M.M. Pable, AGP for the State.


                                                          CORAM : BHARATI DANGRE &
                                                                  ASHISH S. CHAVAN, JJ

                                                          DATE    : 30th SEPTEMBER 2026


                                 P.C. :


                                 1        In continuation of our order dated 27/08/2026, the learned
                                 counsel Mr. Rohaan Cama representing the Petitioners and the
                                 learned counsel Mr.Ajit Anekar representing Respondent No.5
                                 informed to us that a consensus is arrived between them and the
                                 Court shall dispose of the Writ Petition in accordance with the
                                 same.
                                          It is agreed between them that in the wake of the interim
                                 order, Respondent No.5 was restricted from taking any coercive
RAJSHREE   Digitally signed by
           RAJSHREE KISHOR
KISHOR     MORE
           Date: 2026.10.01
MORE       17:31:58 +0530




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steps subject to the Petitioners depositing an amount towards
maintenance charges for the two flats viz. Flalt Nos.A-1801 and
Flat No.A-1802 and this order has been complied with.


2     The learned counsel Mr. Anekar representing Respondent
No.5 has placed before us a Chart reflecting the bills and though
there was some quibble over the amount mentioned therein, Mr.
Cama would submit that upon reconciliation of the issue between
the Parties, some amount has been paid and this will settle the
claim upto 01/08/2026.
      Though a vehement request is made on behalf of the proxy
counsel appearing for Respondent No.6             to adjourn the
proceedings, since the order which we are passing will have no
impact on the rights of Respondent No.6, we refuse to entertain
the said request.
      In the wake of the aforesaid understanding, we dispose of
the Writ Petition in the following terms :-
    i. The Registry to close the existing Fixed Deposit/s and
    release an amount of Rs.7,53,556/- as maintenance charges
    for Flat No.A-1801 and Rs.7,53,555/- maintenance charges
    for Flat No.A-1802 to Respondent No.5 Society from the
    amounts lying deposited to the credit of the present Writ
    Petition, within two weeks from today.

    ii. The Registry shall further release an amount of
    Rs.3,16,770/-as interest towards Flat No.A-1801 and
    Rs.3,16,653/- as interest towards Flat No.A-1802 to
    Respondent No.5 Society from the amounts lying deposited
    in the present Writ Petition, within two weeks from today.

    iii. The balance amount, in the Registry shall be returned to
    the Petitioner No.1, within two weeks from today.



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  iv. Respondent No.5 and the Petitioners have confirmed that
  neither of them have, or shall make any further claim
  against each other, for the maintenance dues, principal,
  interest or otherwise, for the period upto the date of passing
  of this order.

  v. Respondent No.5 shall forthwith unconditionally
  withdraw Revision Application No.87 of 2024, pending
  before the District Deputy Registrar of Co-operative
  Societies, Mumbai-3.

  vi. The Respondent No.5 Society undertakes that any future
  bills shall be issued without adding any previous principal
  and/or interest or any other dues or charges including the
  CGST and SGST on the interest and or the late payment
  charges for the period prior to the date of this order from
  the next quarter i.e. October, 2026 to December, 2026.

  vii. The Petitioners and/or their licensees shall have free
  access to all the facilities and the Respondent No.5 will co-
  operate with the Petitioners in the event of the Petitioners
  requiring any NOC for Sale or License of the flats as per the
  provisions of the Maharashtra Co-Operative Societies Act,
  1960, Rules, Bye-laws and Resolutions of the Society, if any
  such NOC is required and or sought..




[ASHISH S. CHAVAN, J.]                  [BHARATI DANGRE, J.]




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