1

JoInT
BEFORE THE HON’BLE DPEPETY REGISTRAR, CO-OPERATIVE
SOCIETIES, CIDCO, BELAPUR

[Link]. 7 OF2025

Mrs. Lubna Masad Memon )

Aged 56 years, Occ: Business )

Of Mumbai, Indian Inhabitant )

Having her residential address at Victoria )

House, 20, Sherly Rajan Road, Off Carter )

Road, Bandra (West), Mumbai — 400 050 )

- Mob. No.: +91 9820149915 2)

Email ID: mlnum_5@[Link] . ) ...Applicant

aras RAS/077IRET
-Versus- o »
wEfe, ST T,
3

. Hermes Atrium Premises Co-operative )

Society Ltd. through its Managing Committee, )

A Co-operative Society established under the )

provisions of The Maharashtra Co-operative )

Societies Act, 1960 having its registered Office )

at Plot No. 57, Sector 11, C.B.D. Belapur, )

Navi-Mumbai- 400 614 ).

 2. Mr. D. Murlidharan v ) ~
Chairman of Hermes Atrium Premises Co-operative)

Society Ltd. & Owner of Unit no. 306, Hermes )

Atrium Premises Plot No. 57, Sector 11, )

C.B.D. Belapur, Navi-Mumbai- 400 614 )

3. Mr. Kishor G. Tijare )

Secretary of Hermes Atrium Premises Co-operative)

Society Ltd. & Owner of Unit no. 508, Hermes )

Atrium Premises Plot No. 57, Sector 11, )

C.B.D. Belapur, Navi-Mumbai- 400 614 )

4. Mr. Ramesh D. Shah . )

Treasurer of Hermes Atrium Premises Co-operative)

Society Ltd. & Owner of Unit no. 505, Hermes )

Atrium Premises Plot No. 57, Sector 11, )

C.B.D. Belapur, Navi-Mumbai- 400 614 )

5. Mr. Sandeep Vaswani )

Committee Member of Hermes Atrium Premises)

Co-operative Society Ltd. & Owner of Unit no. )

 707, Hermes Atrium Premises Plot No. 57, )

Sector 11, C.B.D. Belapur, Navi-Mumbai- 400 614)

6. Ms. Kameela Diler )

Committee Member of Hermes Atrium Premises)

Co-operative Society Ltd. & Owner of Unit no. )

202,211 & 212, Hermes Atrium Premises Plot No. 57,)

) -pector 11, C.B.D. Belapur, Navi-Mumbai- 400 614)

7. Ms. Reena Michael George )

Committee Member of Hermes Atrium Premises)

Co-operative Society Ltd. & Owner of Unit no. )

207, Hermes Atrium Premises Plot No. 57, )

Sector 11, C.B.D. Belapur, Navi-Mumbai- 400 614) ...Respondent

APPLICATION UNDER SECTION

146 OF THE MAHARASHTRA CO-

OPERATIVE SOCIETIES ACT,

1960
MAY IT PLEASE YOUR WORSHIP:

A. Parties:

1. The Applicant is a law-abiding citizen of India having her residential

address as mentioned in the cause title above. The Applicant is engaged

in the business of real estate and has, over the years, built great reputation

for herself in her fraternity and the Society.

2. The Respondent No. 1 is a Co-operative Housing Society established

under the provisions of The Maharashtra Co-operative Societies Act, 1960

(hereinafier, ‘said Act’) having its registered address as mentioned in the

cause title above. The Respondent No. 1 is registered under the said Act

bearing registration no. NBOM/CIDCO/GENERAL/1633/JTR/2006-, i

2007 (hereinafter, ‘said Society’).

3. The Respondent Nos. 2 to 4 are the Chairman, Secretary and Treasurer

of the Respondent No. 1 Society, respectively, having their addresses as

mentioned in the cause title above. The Respondent No. 5 to 7 are the

Committee members of the Managing Committee of the Respondent No.

1 Saciety, having their addresses as mentioned in the cause title above.

 B. Gist of the matter:

4. The Applicant has preferred the present Application being aggrieved by

inter alia the continuing illegal actions of the Respondents of

‘\

misrepresenting the ownership of the Applicant’s premises, so also

tampering with, altering and making a false and fraudulent entry in the

paper/documents issued by the Respondents.

C. Facts of the matter:

5. The brief facts leading upto the filing of the present Application are as

under;

5.1. The Applicant is the absolute and exclusive legal owner of and well

and sufficiently entitled to her rights, title and interest in Unit No.

102-B, 1* floor, in the building known as ‘Hermes Atrium’ situated at

Plot No. 57, Sector 11, C.B.D. Belapur, Navi Mumbai - 400 614

(hereinafter, ‘said premises’). The Applicant had purchased the said

premises vide a Conveyance Deed executed and registered on 16

March, 2005 with the Joint Sub-Registrar (Thane - 6) bearing

registration no. 1801/2005. Hereto annexed and marked as Exhibit

= ‘A’ is a copy of the Sale Agreement dated 16 March, 2005 bearing

registration no. 1801/2005.

5.2. Along with the said premises, the Applicant’s husband — Mr. Masud

J. Memon also purchased an adjacent unit i.e. Unit No. 101-B, 1*

floor, in the building known as ‘Hermes Atrium’ situated at Plot No.

57, Sector 11, C.B.D. Belapur, Navi Mumbai — 400 614. At the time

of purchase of the said premises, the Applicant filed all the requisite

forms and provided all the necessary documents mandated by law to

the said Society, for the induction of the Applicant as the member of

the said Society. Notably, there was no objections and/or want of

compliance communicated to the Applicant with respect to her

membership. Therefore, the Applicant is a duly inducted member of

the said Society.

5.3. Despite being a legitimate and qualified member of said Society,

holding ownership rights of the said premises, the Applicant has been

constantly kept isolated from the affairs of the said Society. The

Managing Committee of the said Society failed to provide Notices,

Agendas of meetings, sharing financial statements and all other

pertinent documents of the said Society, which indeed is a statutory

obligation of the said Society, as per the said Act.

5.4. The Applicant recently became aware that the office bearers of the

said Society have committed the following illegal and fraudulent

acts, which inter alia, are in the nature of misrepresenting the

ownership of the said premises, so also tampering with, altering and

making a false and fraudulent entry in the paper/documents issued

by the said Society;

[Link] of false and altered Maintenance Receipt &

Unauthorized acceptance of monies in respect of the said

remises:

() The Applicant was made aware that the Society has

issued a common Maintenance Receipt bearing receipt

no. 1267 dated 20 October, 2021 for the period from

October 2021 to December, 2021 for Unit Nos. 101 to

104 in the name of ‘Nida Investments Pvt. Ltd.’. Hereto

annexed and marked as Exhibit — ‘B’ is a copy of the

Maintenance Receipt No. 1267 dated 20 October, 2021

issued by the Respondents.

®) The Applicant states that, at the outset, tHe Respondents

have tampered, altered and falsified the Maintenance

Receipt by issuing the same in the name of an alien/third

party entity i.e. ‘Nida Investment Pvt. Lid.’. It is pertinent

 to note that the said entity has no rights and/or

entitlements in said premises as the same is in the sole

name of the Applicant, by virtue of the Conveyance

Deed dated 16 March, 2005 (At Exhibit — ‘A’ hereinabove).

© Further, the Respondents have illegally clubbed Unit

Nos. 102-B, which is owned by the Applicant solely,

with other Units and issued a common Maintenance

Receipt, without any sanction and/or consent. This

merger of and consequent issuance of common

maintenance receipt finds no sanction in law, especially,

in light of the fact that the Applicant’s Unit No. 102-B is.

a separate and distinct unit from the other Units

mentioned in the Maintenance Receipts.

(CY Furthermore, the Respondents have also illegally and

without any sanction, accepted monies from an

alien/third party entity i.e. ‘Nida Investment Pvt. Ltd.’

towards the maintenance charges purportedly accrued

with respect to the said premises belonging to the

Applicant. Such arbitrary, unsanctioned and fraudulent

actions of the Respondents of accepting monies without

 verifying the veracity of its source and appropriating it

against the said premises, only indicates that the

Respondents are motivated to create false and fabricated

records. Such actions also substantiates the patent

mismanagement of the affairs of the Society by the

Respondent Nos. 2 to 7. Notably, undue advantage of

the tampered maintenance receipts was taken by third

parties causing great monetary losses to the Applicant.

(e) The Respondents have, as a consequence thereof, made

a fraudulent entry in the records and documents of the

said Society, which is in complete breach of the

provisions of the said Act and the Model Bye-laws of the

said Society.

5.4.2. Addition of ‘Nida Investments Pvt. Ltd.’ at the foot of

Applicant’s name on the Building Name Board/Directory.

(a) . Simultaneously of becoming aware of the tampering and

alteration of the Maintenance Receipts, the Applicant |

was shocked to learn that the Respondents Nos. 2 to 7 |

had affixed the name of the same entity, in whose favor

the Respondents had issued the fraudulent Maintenance

 10

Receipt i.e. ‘Nida Investments Pvt. Ltd.” underneath her

name on the Name Board/Directory. As stated above,

the said entity ‘Nida Investments Pvt. Ltd.’ has no

interests and/or entitlements in the said premises,

whatsoever. This again was executed without her

knowledge and/or consent. Hereto annexed and marked

as Exhibit — ‘C’ is a photograph of the Name

Board/Directory affixed on the ground floor lobby of

Hermes Atrium.

() The Applicant addressed a Letter dated 23 January,

2024 to the Respondent No;. 2 & 3 and to the Joint

Registrar Co-operative Societies, calling upon them to

forthwith delete the name of ‘Nida Investment Pvt. Ltd.’

from all the records pertaining to the said premises and

to forebear and desist from acting upon or taking any

illegal instructions/payments of any nature whatsoever

from ‘Nida Investment Pvt. Ltd.’. Further, the Applicant

also instructed the Respondents to ensure that all future

correspondence in the matter by the Respondents should

only be addressed to her, at the address provided therein.

Hereto annexed and marked as Exhibit - ‘D’ is a copy

 1

of the Letter dated 23 January, 2024 addressed by the

Applicant to the Respondents and Joint Registrar Co-

operative Societies.

(c) The Applicant states that despite addressing the said g b =

Letter dated 23 January, 2024, there was no

g)f_x}munication _received from the Respondents. The

Applicant states that, however, the office of Deputy

Registrar, Belapur addressed a Letter dated 29 February,

2024 received by the Applicant on 14 March, 2024 to the

Respondents seeking an urgent explanation on the

complaint dated 23 January, 2024. Hereto annexed and

marked as Exhibit - ‘E’ is a copy of the Letter dated 29

February, 2024 addressed by the Deputy Registrar,

Belapur to the Respondents and the Applicant

(d) Subsequently, the Applicant addressed a Letter dated 27

December 2024 bearing reference no. M/1073/2024 to

The Registrar, Co-operative Societies, Belapur and copy

thereof to the Resbondents. In the said Letter, the

Applicant made reference to the unanswered Letter

dated 23 January 2024 and reiterated the entire act of

illegality and unauthorised conduct of the Respondents.

 12

The Applicant, in the said Letter, requested The Ld.

Registrar to call upon Respondent Nos. 2 to 7 to

forthwith delete the name of ‘Nida Investment Pvt. Ltd.

from all records pertaining to the said premises and also

requested The Ld. Registrar to call upon the Respondent

Nos. 2 to 7 to forthwith stop issuing any bills and/or to

accept monies from any third parties including but not

limited to ‘Nida Investment Pvt. Ltd.” with respect to the

said premises. In the said letter, the Applicant also

requested The Ld. Registrar to enquire into the conduct

of the Respondent Nos. 2 to 7 and to provide the records

of the Society, any purported correspondences and all)

documents relying on which the Respondent Nos. 2 to 7

of the Society had affixed the name of ‘Nida Investment

Pvt. Ltd.” at the entrance on Name Directory/ Name

Board of the Hermes Atrium. Notably, the Applicant

again reiterated that any future correspondence,

issuance of maintenance bills, Notice of Annual General

Meetings, with respect to the said premises should only

be addressed to her at the address given therein. Hereto

annexed and marked as Exhibit-‘F’ is a copy of the

Letter dated 27 December, 2024 addressed by the

 13

Advocate of the Applicant to The Registrar Co-operative

Societies, Belapur.

(e The Applicant states that despite addressing another

communication in the form of Letter dated 27

December, 2024, no action was taken by The Ld.

Registrar, Co-operative Societies, Belapur. Further, the

Respondents also failed to provide any response to the

said Letter dated 27 December, 2024.

® The Applicant was deeply concerned by the acute silence

adopted by the Respondents, despite having addressed a

series of correspondence to them with respect to the

several illegalities committed and the fraudulent conduct

of the Respondent Nos. 2 to 7. The Applicant, therefore,

addressed a final reminder Notice dated 30 January,

2025 to thé Respondent Nos. 2 & 3 with a copy of the

same addressed to the Registrar, Cooperative Societies,

Belapur. In the said letter, the Applicant made reference

to the earlier correspondences i.e. the Notice dated 23

January, 2024 and Notice dated 27 December, 2024.

The Applicant further stated that despite having received

 14

both the aforesaid Notices, no response is forthcoming

from the Respondents and are finally, once again, calling

upon the respondents to forthwith delete the name of

‘Nida Investment Pvt. Ltd." from the records of the

Respondent No. 1 with respect to the said premises and

to forebear and desist from acting upon or taking any

illegal instructions or payment of any nature,

whatsoever, from ‘Nida Investment Pvt. Ltd.” or any of

its Directors, Representatives and/or any third parties.

The Applicant again indicated to the Respondents that

all future correspondences with respect to the said

premises must be sent to the address given therein and

that service on any other address shall not be considered

as good service upon the Applicant. The Applicant at the

foot of the letter indicated to the Respondents that in the

event response to the final reminder Notice is not

received within 7 days of its receipt, she shall take such

steps as necessary and expedient to her. Hereto annexed

and marked as Exhibit-‘G’ is a copy of Letter dated 30

January, 2025 addressed to the Respondent Nos. 2 and

3 and the Registrar Cooperative Societies, Belapur.

 15

(® The Applicant states that despite having addressed a

plethora of correspondence, all of which was duly

received by the Respondents, the Respondents

consciously and deliberately decided to not answer any

of the aforesaid Letters/Notices. As matter of last

attempt of seeking redressal, the Applicant again

addressed a Letter dated 12 May, 2025 to the Deputy

Registrar of Co-operative Societies, with an anticipation

that the authorities will take cognizance of the matter

and take appropriate action against the Respondents. In

the said Notice dated 12 May, 2025, the Applicant

comprehensively laid down the acts of sheer illegalities

and fraud of the Respondents and sought appropriate

action against the Respondents as per the provisions of

the said Act including but not limited to Section 146 of

the said Act. Hereto annexed and marked as Exhibit —

‘H’ is a copy of the Letter dated 12 May, 2025 addressed

by the Advocate for the Applicant to The Ld. Deputy

Registrar, Co-bperative Societies, Belapur with a copy to

the Respondents.
 16

() The Applicant states that on 14 July, 2025, the Applicant

received a Letter from the Society requesting a copy of

authorization letter allegedly issued by the Applicant for

the purposes of signing a purported Letter dated 10

September, 2024. The Applicant was shocked to receive

this Letter from the said Society as at the outset, the

Applicant has never issued any letter dated 10

September, 2024. Secondly, despite being aware vide

Letter dated 23 January, 2024, about the correspondence

address of the Applicant, the Respondents again did not

comply with the same, thereby showing the malafide

intentions of the Society. Pertinently, the Applicant has

never received the Letter dated 3 September,

[Link] annexed and marked as Exhibit — ‘I’ is a

copy of the Letter dated 14 July, 2025 addressed by the

Respondents to the Applicant.

@ The Applicant states the said conduct of the Respondent

Nos. 2 to 7 clearly indicates .that they have colluded to

cause a complete misrepresentation of the

ownership/membership of the Applicant with respect to

the said premises.

 17

5.4.3. Falsifying Minutes of Special General Body Meeting by

marking attendance of fraudulent proxies therein.

@ On, 2 June, 2025, the Applicant came across a Draft

Minutes of a purported Special General Body Meeting

held on }Aprfl, 2025, ir{ig;égence of the Respondent

Nos. 2to 7. Notably, neither was the Applicant provided

with the Notice of the said Special General Body

Meeting nor the Agenda(s) to be discussed therein.

Moreover, despite having been a qualified and Active

member of the said Society since its inception, the

Applicant was never made aware of the same. Hereto

annexed and marked as Exhibit — ‘J’ is a copy of the

Draft Minutes of a purported Special General Body

Meeting held on 3 April, 2025.

(®) The Applicant states that the extent of irregularities,

mismanagement and complete [Link] duties by

the Respondent Nos. 2 to 7 can be observed by the

manner in which the said Special General Meeting was

conducted. As stated in the foregoing paragraph, there

 18

was no Notice given to the Applicant that the

Respondent Nos. 2 to 7 have called for a Special General

Body Meeting. Further, the Respondents Nos. 2 to 7 also

failed to provide the Agenda(s) of the said S-GBM.

Therefore, the Respondent Nos. 2 to 7 have failed to

perform their duties and functions as prescribed under

the said Act and are in breach of the provisions under the

header ‘Special General Body Meeting’ in the Model

Bye — Law.

© In the said Draft minutes, a tabular representation of the|

attendees of the said meeting indicates that one ‘Mrs.

Shehnaz Memon’ at Sr. No. 7 and one ‘Mr. S. Memon’

at Sr. No. 8 have marked their attendance and are

purportedly set out as the ‘Member’ with respect to Unit

Nos. 101 to 106, cumulatively by the Respondent Nos.

2 to 7. Further, it appears the said ‘Mr. S. Memon’ has

been allowed to proactively participate in the said

Special General Body Meeting by taking an active part

in the discussions with respect to Agenda No. 1.

Furthermore, the Agenda No. 2 of the said Special

General Body Meeting was infact allowed to be

 19

proposed by ‘Mr. S. Memon’ against whose name there

appears to be a remark ‘O-101/106’.

(@ At the outset, the Applicant states that she has not

granted anyone the authority to represent her with

respect to the said premises i.e. Unit No. 102-B in any

capacity whatsoever. The Applicant has issued no Letter

of Authority and/or Power of Attorney and/or a Letter '

of Proxy attendance in favour of anyone individual

and/or a Company.

(© At the further outset, and without prejudice to the rights

and contentions of the Applicant, Model Bye-Law No.

104 clearly dictates that no proxy or a holder of power of

attorney or letter of authority shall be eligible to attend a

General Body Meeting of the Society on behalf of a

Member of the Society. Therefore, the action of allowing

the said ‘Mrs. Shehnaz Memon’ and ‘Mr. S. Memon’ to

attend meetings purportedly on behalf of other Unit

holders itself is bad-in-law. Further, it is shocking that

the Respondent Nos. 2 to 7 have allowed the said

individuals to attend a Special General Body meeting

without seeking for verification and/or the basis on

 20

which they claim to attend the Special General Body

Meetings on behalf of the Applicant. This action of the

Managing Committee in misrepresenting, altering and

falsifying the memberships and allowing members to

mark proxy attendance, without any authority is in

direct breach of the provisions of the Maharashtra Co-

operative Societies Act, 1961. Hence, all the proposed

resolutions in the said Draft Minutes of the Meetings

cannot be ratified and/or confirmed and that any

attempt in ratifying these illegal minutes shall constitute

as an offense under the said Act.

® Accordingly, the Applicant addressed a Letter dated 11

June, 2025 to the Respondents recording her vehement

and comprehensive objections to the Draft Minutes of

Meeting dated 3 April, 2025. In the said Letter, the

Applicant pointed out the serious and alarming manner

in which the said Special General Body Meeting was

conducted, which is ini breach of said Act, Rules and the

Model Bye-Laws. The Applicant also made reference to

the similar conduct of the Respondents in the past in

isolating and misrepresenting the Membership of the

 21

Applicant. Hereto annexed and marked as Exhibit — ‘K’

is a copy of the Letter dated 11 June, 2025 addressed by

the Applicant to the Respondents.

5.4.4. Refusal to issue Share Certificate with respect to the Unit

No.102-B to the Applicant.

(@) The Applicant states that over and above the systematic o
isolation, the tampering and alteration of the papers,
records and documents of the Society, the Respondents
have illegally withheld and failed to provide the Share
Certificate to the Applicant with respect to the said
premises.

(®) The Applicant states that as mandated under the said

Act, the Society must issue and/or make necessary
endorsements on the respective Share Certificate, failure

whereof empowers the Registrar to give appropriate

directions in that regard. Despite having made ali
compliances, the Respondent Nos. 2 to 4 have, for
reasons best known to them, refused to provide the Share

Certificate with respect to the said premises to the

Applicant. Such disblay of utter and blatant disregard tc
the law makes the Respondent Nos. 2 to 7 liable for strict
action as per the provision of the said Act.

5.5. The Applicant states that a cumulative analysis of the malacious

conduct of the Respondents indicates that the Respondents have in

collusion and with ulterior motives to cause great monetary losses to

 22

the Applicant and to unfairly enrich themselves, created, altered,

tampered with and mutilated the records, papers and documents, as if

to portrait that the said premises is purportedly owned by and/or the

membership with respect to the said premise is not with the Applicant.

The systematic and calculated scheme of displaying the name of ‘Nida

Investment Pvt. Ltd.’; the issuance of a maintenance receipt also in the

name of ‘Nida Investment Pvt. Ltd.’; the deliberate and conscious

refusal to provide Share Certificate, only indicates that the

Respondents are dealing with the said premises and/or are

causing/enabling third parties to deal with the said premises to

unjustly enrich themselves. Shockingly, the Applicant was made

aware that a Leave and License Agreement dated 13 September, 2019

was executed with respect to the said Unit and monies in the form o

rent was collected by ‘Nida Investment Pvt. Ltd.’. As per the said

Leave and Licence Agreement a rental compensation of Rs. 2,23,316/-

(Rupees Two Lakhs Twenty Three Thousand Three Hundred Sixteen

Only) per month was illegally derived by giving the said Unit of the

Applicant on rent to Sarvodaya Small Finance Bank Limited. Further

this rental component was escalated by 15% for the subsequent‘years‘

Furthermore the documents, papers and records which were

tampered, fabricated and altered by the Respondents were used in the

said transaction and forms part of the said Leave and License
 23

Agreement. Hereto annexed and marked as Exhibit — ‘L’ is a copy of

the Leave and License Agreement dated 13 September, 2019.

. The Applicant states that infact despite making oral and written requests

the Respondents have failed to provide the necessary information to the

Applicant. This is again breach of Section 32 of the said Act and invites

appropriate action against the Respondents. Hereto annexed and marked

as Exhibit —‘M"_is a copy of the Letter dated 14 July, 2025 addressed by

Applicant to the Respondents.

The Applicant states that the Respondents have acted in a completely

high-handed, arbitrary and fraudulent manner which has led to great

monetary losses to her. The Applicant states that it is apparent that all the

members of the Managing Committee of the Respondents were aware of

the entire malicious scheme, from altering records and thereafter allowing

unauthorised proxies to attend Special General Body Meetings, and have

collusively committed the said illegalities. The Applicant states that as per

Model Bye-Law no. 137, the rr_lembers of the Managing Committee i.e.

the Respondents are jointly and collectively responsible for the illegal

actions and are therefore, liable to be prosecuted.

 24

8. The Applicant states that the Respondents are guilty of misrepresenting

the ownership of the Applicant’s premises, so also tampering with, altering

and making a false and fraudulent entry in the paper/documents i.e. the

Minutes of Meeting dated 3 April, 2025; the Maintenance Receipt dated

21 October, 2021; and Name Directory, thereby constituting an offense

under the said Act.

The Applicant states that as per Model Bye-Law No. 138 (38) & 173, the

Respondents are mandated to respond to the complaints and inform a

decision to the concerned member. Notably, the Respondents have not

only failed to issue a decision on the objections of the Applicant but also

completely failed to respond to any of the Notices addressed by her.

Therefore, the Applicants are in breach of the said Model Bye-Law No

138 (38) & 173.

10. The Applicant states that she has taken proactive steps in addressing her

grievances to the Respondents, however, the cognizance of the same was

not taker: by the Respondents. It is, therefore, clear that the Applicant, by

virtue of Model ByéLaw no. 174(a)(viii) is entitled to approach the

competent authority to seek redressal of her grievance.

 25

11. The Applicant states that it is clear from the above that the Respondent

Nos. 2 to 7 have violated the provisions of the said Act, the Rules and the

prescribed Bye-Laws causing great harm and monetary losses to the

Applicant. The Respondent

Nos. 2 to 7 are guilty of Offences, to the extent

of but not limited to, Section 146(p) & (q) of the said Act and of fraud,\ |

forgery for the purpose of cheating, criminal breach of trust, cheating,

mischief. Therefore, the Applicant has approached this Hon’ble Tribunal

to seek grant of sanction as per Section 148 of the said Act and to allow

the Applicant to file appropriate proceedings to prosecute the Respondents

before the concerned Judicial Magistrate, who shall try and adjudicate the

Offenses committed by the Respondent Nos. 2 to 7.

. The Applicant states that there is unequivocal and cogent documentary

evidence that the Respondent Nos. 2 to 7 have blatantly misused their

powers and functions of their offices, played a systematic and deliberate

fraud on the Applicant, falsified, forged, tampered, altered and fabricated

documents, papers and records of the Society to cause wrongful losses to

the Applicant and wrongful gains to themselves. The Applicant states that

the actions of the Respondent Nos. 2 to 7 indicates a clear intention of the

parties to cause damage and injury to and to deceive and defraud the

Applicant along with dishonest and intentional concealment of

information from Applicant. The Applicant states that all ingredients

 26

necessary to grant the sanction for prosecution of the Respondent Nos. 2

to 7 are satisfied.

13. The Applicant states that it is in the interest of justice, equity and fairness

that this Hon’ble Tribunal grants sanction to prosecute the Respondent

Nos. 2 to 7 as per the applicable law.

14. The Applicant states that grave harm and prejudice will be caused to the

Applicant if sanction is not granted. The Applicant states that no harm

and prejudice will be cause to the Respondents if the sanction is granted.

15. The Applicant states that she has approached this Hon’ble Tribunal with.

clean hands and is seeking sanction for prosecution under Section 148 of

the said Act.

16. The Applicant states that the cause of action for filing the present

Application is continuing as the Respondents continue to injure the rights

of the Applicant, as latest as on 3 June, 2025 when the altered draft

Minutes of Special General Body Meeting were circulated. The Applicant

states that therefore, there is no delay in filing the present Application.

17. The Applicant states that the said premises and the registered office of the
said Society is situated in the jurisdiction of this Hon’ble Tribunal and
therefore, this Hon’ble Tribunal is empowered try and dispose of the
present matter.
 27

18. The Applicant craves leave to add, alter and amend this Application.

19. The Applicant, therefore, prays as under;

(2) That this Hon’ble Tribunalbe pleased to pass an Order and direction

granting sanction to lodge prosecution against the Respondent Nos.

2 to 7 as per Section 148 for the Offenses committed under Section

146 of the Maharashtra Co-operative Societies Act, 1961;

(b) Pending the final hearing and disposal of the present Application,

this Hon’ble Tribunal be pleased to pass an Order and direction

directing the Respondents to forthwith forbear and desist from

taking any instructions and/or allowing proxy in any future

meetings and/or sharing any information with any third parties with

respect to the Unit No. 102-B and membership of the Applicant;

© Pending the final hearing and disposal of the present Application

this Hon’ble Tribunal be pleased to pass an Order and direction

directing the Respondents to forthwith stop issuance of any bills and

not to accept any monies from ‘Nida Investment Pvt. Ltd.’ and/or 7

any third party entities;

 28

(d) For costs;

(e) Forsuch other and further reliefs as this Hon’ble Tribunal may deem

fit and necessary;

T
DATED THIS 24 DAY OF JULY, 2025

. Zeesjtan S. Syed Mus. Lubna M. Memon

Advocayefor the Applicant Applicant