IN THE CO-OP COURT II

AT MUMBAI
Dispute No. 163 of 2021

Jagannath S Vichare …Disputant

V/s

Rashtra Sarathi Mulund CHSL and Ors …Opponents

AFFIDAVIT IN REPLY BY THE OPPONENTS TO THE

INTERIM APPLICATION FILED BY THE DISPUTANT
I, _______________, herein Opponent no. __, having my office at
Rashtra Sarathi Mulund Co-operative Housing Society Limited,
Mumbai East, 400 081, for himself and for and on behalf of
Opponent Nos. ___ to ___ do hereby on solemn affirmation state as
under :-
1. I say that I am in receipt of the Application for Interim relief
filed by the Disputant. I have also carefully gone through the
documents in the custody of the Opponent No.1. I say that
the contentions and claims of the Disputant in the
Application for Interim relief are utterly false, baseless and
untrue. I say that the Opponents have filed written statement
in the dispute and I crave leave to refer to, rely upon and
adopt of the contentions, statements and averments from the
said written statement in reply to the Application for interim
relief. I avoid reproducing the same in this Reply only with a
view to avoid repetition.
2. Now I proceed to deal with the contents of Application for
interim relief which is as under:
a. With reference to para 1 of the said application I say that
the effect of the referenced order passed by the Ld. Dy.
Registrar of Co-operative Societies, MHADA, has been
stayed by an Order dated 08.12.2021 passed by the Ld.
Minister for Co-operation, Maharashtra state, Mantralaya
Mumbai in Revision Application No. 540 of 2021 filed
by the Opponents. Pursuant to the said order the office
bearers of the opponent society cannot be said to have
been disqualified and therefore I say that I deny the
contents of the said para.

b. With reference to para 2 of the application I say that I

deny the contents of the same. I say that payment of
professional fees to advocates cannot be considered as
misappropriation o society’s funds.
c. With reference to para 3 of the application I say that all
the members wish for redevelopment of the society. The
society shall undergo redevelopment as per rules laid
down in law and the decision for going for
redevelopment shall be taken in society’s general meeting
where all the members shall get an opportunity to cast
their vote. I say that the Opponent No. 2 alone is not
going to carry out redevelopment of the society. I say that
going for redevelopment is for the benefit of all the
members of the society and deny that it will cause
irreparable loss to 297 members of the society.
d. With reference to para 4 of the said application I say that
the age and occupation of the disputant is not in question
here so I do not wish to comment on the same.
3. I say that disputant’s old age is not a considerable reason to
hear this matter out of turn. I say that the reasons set out
therein by the disputant are not enough for urgent hearing
and disposal
4. I say that the prayers as prayed for by the Disputant in the
said Application for interim reliefs cannot be granted at this
stage.
5. I say that no prima facie case has been made out by the
disputant for grant of interim reliefs as prayed for herein and
hence the Interim application be rejected.

Solemnly affirmed at Mumbai )

Dated this ____ day of August, 2022 )

Before me

Advocate
 IN THE IVTH CO-OP COURT AT MUMBAI
Dispute No 305 of 2022

Shri. Jivraj Kamabhai Kundhadia …Disputant

V/s

Rashtra Sarathi Mulund CHSL and Ors …Opponents

AFFIDAVIT IN REPLY BY THE OPPONENTS TO THE

INTERIM APPLICATION FILED BY THE DISPUTANT
I, _______________, herein Opponent no. __, having my office at
Rashtra Sarathi Mulund Co-operative Housing Society Limited,
Mumbai East, 400 081, for himself and for and on behalf of
Opponent Nos. ___ to ___ do hereby on solemn affirmation state as
under:-
1. I say that I am in receipt of the Application for Interim relief
filed by the Disputant. I have also carefully gone through the
documents in the custody of the Opponent No.1. I say that
the contentions and claims of the Disputant in the
Application for Interim relief are utterly false, baseless and
untrue.
2. Now I proceed to deal with the contents of Application for
interim relief which is as under:
e. With reference to para 1 of the said application I say that
the effect of the referenced order passed by the Ld. Dy.
Registrar of Co-operative Societies, MHADA, has been
stayed by an Order dated ______ passed by the Ld.
 Minister in Appeal No. ______ of 2022 filed by the
Opponents. Pursuant to the said order the office bearers
of the opponent society cannot be said to have been
disqualified and therefore I say that I deny the contents of
the said para.
f. With reference to para 2 of the application I say that I
deny the contents of the same. I say that payment of
professional fees to advocates cannot be considered as
misappropriation o society’s funds.
g. With reference to para 3 of the application I say that all
the members wish for redevelopment of the society. The
society shall undergo redevelopment as per rules laid
down in law and the decision for going for
redevelopment shall be taken in society’s general meeting
where all the members shall get an opportunity to cast
their vote. I say that the Opponent No. 2 alone is not
going to carry out redevelopment of the society. I say that
going for redevelopment is for the benefit of all the
members of the society and deny that it will cause
irreparable loss to 297 members of the society.
h. With reference to para 4 of the said application I say that
the age and occupation of the disputant is not in question
here so I do not wish to comment on the same.
3. I say that disputant’s old age is not a considerable reason to
hear this matter out of turn. I say that the reasons set out
therein by the disputant are not enough for urgent hearing
and disposal
4. I say that the prayers as prayed for by the Disputant in the
said Application for interim reliefs cannot be granted at this
stage.
5. I say that no prima facie case has been made out by the
disputant for grant of interim reliefs as prayed for herein and
hence the Interim application be rejected.

Solemnly affirmed at Mumbai )

Dated this ____ day of August, 2022 )

Before me

Advocate