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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Uday Dalal – Appellant
Versus
Divisional Joint Registrar, Cooperative Societies, Mumbai Division – Respondent
JUDGMENT :
AMIT BORKAR, J.
1. Both writ petitions arise from proceedings under Section 23(2) of the Maharashtra Cooperative Societies Act, 1960. The Deputy Registrar granted membership to respondent No.3 in relation to a room of 250 square feet situated on the North East side of the building of respondent No.4 society. The petitioners challenge this decision.
2. The petitioners place the following facts on record. Respondent No.4 was registered as a housing society on 2 May 1996. Six of the seven original occupants paid the required amounts. These six, including the purchaser of respondent No.5, became entitled to be members of respondent No.4 society. The petitioners are subsequent purchasers. The society issued share certificates in their favour. According to the petitioners, flat No.5 admeasures 2742 square feet of carpet area along with a servant room of 150 square feet on the ground floor situated on the North East corner of the property and two open parking spaces. The managing committee of respondent No.4 consisted of six members since inception.
3. The petitioners state that Mr Rajendra Agarwal expressed interest in purchasing flat No.7. This flat belongs to the society. The is
Membership in cooperative societies must strictly adhere to the sanctioned plan, and no membership can exceed the statutory limits established by law.
Housing societies cannot admit members for non-existent refuge area spaces sold as flats by divested developer, as it violates membership limits; distinguishes from unauthorized construction disputes....
The jurisdiction under Section 23(2) of the Maharashtra Cooperative Societies Act is limited to membership qualification, not ownership disputes, with parties needing to pursue civil or arbitration c....
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....
Membership in cooperative societies requires compliance with specified contributions and procedures; lacking compliance, tenant status does not automatically confer membership rights.
Membership entitlements under cooperative society laws can be upheld even with delayed contributions if ratified by the society's governing body and presence of equitable factors.
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....
Membership in co-operative housing societies cannot be denied without timely communication of the decision, and disputes regarding dues do not preclude admission.
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