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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J.JAMADAR
Brightland Co-operative Housing Society Ltd. – Appellant
Versus
Divisional Joint Registrar, Co-op. Societies, Mumbai Division – Respondent
JUDGMENT :
N. J. JAMADAR, J.
1. Rule. Rule made returnable forthwith and, with the consent of the parties, heard finally.
2. The Petitioner takes exception to a judgment and order dated 2nd September, 2024 passed by the Divisional Joint Registrar, Co-operative Societies, Mumbai, in Revision Application No.38 of 2024, whereby the revision preferred by the Petitioner against an order dated 4th December, 2023 passed by the Deputy Registrar, Co-operative Societies (R2) under Section 22 (2) of the Maharashtra Co-operative Societies Act, 1960 (“the Act, 1960”), came to be dismissed affirming the said order passed by respondent No.2.
3. Shorn of unnecessary details, the background facts leading to this petition can be summarised as under:
2.1 The Petitioner is a Housing Co-operative Society registered under the Act, 1960. Mr. Kanayalal Merani and Mrs. Rakhi Merani were the members of the Petitioner Society and occupants of Flat No.11. Punjab National Bank, which had created security interest over Flat No.11, resorted to enforce the security interest by auction sale of the said flat. Respondent Nos.3 and 4 claimed to have purchased the said flat in an online auction sale, on 30th August, 2018.
Membership in co-operative housing societies cannot be denied without timely communication of the decision, and disputes regarding dues do not preclude admission.
Membership in co-operative housing societies is contingent upon the clearance of all outstanding dues, including those of previous owners, as established in the Maharashtra Co-operative Societies Act....
The mandatory condition for membership in a cooperative housing society requires that all dues be cleared before any transfer of membership is effective, regardless of the buyer's prior obligations.
Membership in cooperative societies requires compliance with specified contributions and procedures; lacking compliance, tenant status does not automatically confer membership rights.
A nominee of a deceased member in a co-operative housing society must be admitted as a member under mandatory statutory provisions, provided there are no competing claims.
Co-operative society cannot refuse membership under Section 23 of MCS Act on grounds of non-residential use, lease prior consent breach, or unauthorised construction unless expressly disqualifying un....
The court determined that membership restrictions under Section 28 of the Maharashtra Co-operative Societies Act do not bar property ownership by a member and were excluded for housing societies, all....
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