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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N. J. JAMADAR
Uday Dalal – Appellant
Versus
Divisional Joint Registrar, Cooperative Societies, Mumbai – Respondent
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 11th March 2025, whereby the Appeal preferred by the Petitioner Nos. 1 and 2 and another member, against an order dated 28th 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 23rd 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 4th 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 s
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.
Membership in co-operative housing societies cannot be denied without timely communication of the decision, and disputes regarding dues do not preclude admission.
The court affirmed that only flat owners can manage a co-operative housing society, and the Deputy Registrar acted within jurisdiction under Section 78A of the Maharashtra Co-operative Societies Act,....
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 Registrar's jurisdiction under the Maharashtra Cooperative Societies Act is limited to determining eligibility based on objective facts, excluding complex disputes regarding ownership or membersh....
Flat owners have a statutory right to membership in the society under the Apartment Act, and the Deputy Registrar has the authority to enforce this right.
Membership in cooperative societies must strictly adhere to the sanctioned plan, and no membership can exceed the statutory limits established by law.
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