Bombay High Court
The Salsette Catholic Co Operative ... vs The District Deputy Registrar, Co ... on 5 September, 2024
Author: Madhav J. Jamdar
Bench: Madhav J. Jamdar
2024:BHC-OS:13821-DB
902. WP 1772-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 1772 OF 2023
The Salsette Catholic Co-operative Society Ltd. .Petitioner
Versus
The District Deputy Registrar, Co-op. Societies, Mumbai .Respondent
City (3) & ors.
Mr. Clive D'Souza, Advocate, for the Petitioner
Mr. Vishal Thadani a/w. Ms. Manisha Gawade, AGPs, for Respondent
No. 1 - State
Ms. Sunita Serrao i/b. P. Vas & Co., Advocate, for Respondent No. 2
Mr. Cornel K. Gonsalves, Hon. Secretary of the Petitioner & Mr. Arun
Fernandes, Hon. Secretary of Respondent No. 2 are present
______________________________________________________________
CORAM : MADHAV J. JAMDAR, J.
DATE : 05.09.2024
P. C.
1. Learned Counsel for the Petitioner and learned Counsel for
Respondent No. 2 states that the Petitioner and Respondent No. 2 are
the contesting parties. Both learned Counsel state that the dispute
between the Petitioner and the Respondent No. 2 has been resolved
and they have entered into the Consent Terms. The Consent Terms are
signed on behalf of the Petitioner by Mr. Cornel K. Gonsalves, Secretary
of the Petitioner - Society. Learned Counsel for the Petitioner states
that Mr. Cornel K. Gonsalves, Secretary has been authorized to sign the
902. WP 1772-2023.doc
Consent Terms to be filed in this Writ Petition by the Resolution passed
in the Managing Committee meeting dated 29.08.2024.
2. Ms. Serrao, learned Counsel for the Respondent No. 2 states that
the Respondent No. 2 - Society has passed a Resolution in the
Managing Committee meeting held on 25.05.2024 authorizing
Mr. Arun Fernandes, Secretary of the Society to execute the Consent
Terms.
3. Both, Mr. Cornel K. Gonsalves and Mr. Arun Fernandes,
Secretaries of the Petitioner - Society and the Respondent No. 2 -
Society are present in the Court. Both of them state that both these
Societies have decided to resolve their dispute amicably in terms of the
Consent Terms. They state that they have been authorized to execute
the Consent Terms. Accordingly, the Consent Terms are executed by
them. Their signatures are identified by their respective Advocates.
4. Mr. D'Souza, learned Counsel for the Petitioner and Ms. Serrao,
learned Counsel for Respondent No. 2 state that Clause Nos. (a) to (d)
are in accordance with law declared by the Hon'ble Supreme Court in
the case of Zoroastrian Cooperative Housing Society Ltd. vs. District
Registrar, Cooperative Societies (Urban) 1and also as per the Judgment
of this Court in the case of Shantiniketan Cooperative Housing Society
(2005) 5 SCC 632
902. WP 1772-2023.doc
Ltd. vs. Shivkant s/o. Mulchandji Brijwasi2.
5. Accordingly, the Consent Terms are taken on record and marked
as "X" for the purpose of identification.
6. The undertakings in the Consent Terms are accepted as
undertakings given to this Court.
7. The Writ Petition is disposed of in terms of the Consent Terms
with no order as to costs.
[MADHAV J. JAMDAR, J.]
2015(5) ALL MR 696
