Membership in cooperative societies requires compliance with specified contributions and procedures; lacking compliance, tenant status does not automatically confer membership rights.

JUDGMENT:

N. J. JAMADAR, J.

1. Rule. Rule made returnable forthwith and, with the consent of the learned Counsel for the parties, heard finally.

2. This Petition under Article 227 of the Constitution of India assails, in effect, two orders passed by the Divisional Joint Registrar, Cooperative Societies, Mumbai:

(i) First, an order dated 11^th March 2025, whereby the Appeal preferred by the Petitioner Nos. 1 and 2 and another member, against an order dated 28^th February2025 passed by the Deputy Registrar, Cooperative Societies, thereby appointing an Authorised Officer to manage the affairs of the Malboro Cooperative Housing Societies Ltd (R4), under the provisions of Section 77A (b-1) of the Maharashtra Cooperative Societies Act, 1960 (“the Act, 1960”), came to be dismissed.

(ii) Second, an order dated 23^rd April 2025 in Revision Application No. 138 of 2025, whereby the Divisional Joint Registrar was persuaded to allow the Revision preferred by the Respondent Nos. 6 and 7 against an order dated 4^th April 2025, passed by the Deputy Registrar, Cooperative Societies and direct the society/Authorised Officer to admit the Respondent Nos. 6 and 7 as joint members of the society (R4) and issue share certificate and correct the record of the society, by invoking the power under Section 23(2) of the Act, 1960.

3. The background facts leading to this Petition can be stated in brief as under:

3.1 The Respondent No.4-society stands on a parcel of land situated at 3-D, Dr. Gopalrao Deshmukh Marg, Peddar Road, Mumbai – 400 026. Soonabai Seervai had conveyed the subject premises to M/s Kamani Brothers Pvt Ltd. There were seven flats in the subject premises. The occupants of those seven flats were the tenants of M/s Kamani Brothers.

3.2 M/s Kamani Brothers went into liquidation. The tenants of M/s Kamani Brothers, who were in the occupation of those seven flats, decided to form a cooperative society and made a proposal to the Company Judge to acquire the right, title and interest of M/s Kamani Brothers in the land and building standing thereon.

3.3 Pursuant to the orders passed by the Company Judge, the Official Liquidator executed a Deed of Conveyance dated 31^st May 1995 in respect of the subject premises in favour of the promoters of Kamani House Cooperative Housing Society Ltd, which has been rechristened as Malboro Cooperative Housing Society (R4).

3.4 It is the claim of the Petitioners that, the Petitioners are the members of Respondent No.4. Smt. Maniben Patel was the original tenant. Narendra R Patel, the predecessor-in-title of the Respondent Nos. 6 and 7, was then in the occupation of Flat No. 7 as a tenant thereof. Except Narendra Patel, all other tenants proportionately contributed to the consideration of Rs.15,00,000/- paid to the Official Liquidator. In addition, except the predecessor-in-title of the Respondent Nos. 6 and 7, all other tenants also proportionately contributed to settle the claims of KEC International Ltd Employee’s Gratuity Fund to the tune of Rs.61,36,000/-.

3.5 The Chief Promoter had, the Petitioners claim, addressed letter to Narendra Patel on 13^th June 1995 calling upon him to make payment of Rs. 5 lakhs towards consideration for Flat No.7. A reminder was addressed on 1^st August 1995 informing Narendra Patel that he was entitled to become a member of the socie