G.S. Kulkarni, J.

A short but important question which arises for consideration in this petition is that when indisputedly the petitioner has a registered sale deed of 30th December 2002 executed in its favour by one Capstan Trading Pvt. Ltd. (for short 'Capstan') selling the premises in question to the petitioner, and when there is no dispute that the petitioner is unimpeachingly in possession of the premises since 2003, can the society refuse to accept the petitioner as its member by not issuing a share certificate at the instance of the developer.

2. This petition under Article 226 of the Constitution of India challenges an order dated 23 November 2009 passed by the Divisional Joint Registrar, Co-op. Societies, Mumbai (the Revisional Authority) whereby an order passed in favour of the petitioners by the Deputy Registrar under Section 23(2) of the Maharashtra State Cooperative Societies Act 1960 (for short "the MSC Act") directing respondent No.1 - Matulya Centre Premises Co-op. Society Ltd. (for short, "the society") to grant the petitioner society's membership stands set aside. The society had initially rejected petitioners' application for membership of the society.

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