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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Abdul Rehman Adam Dawa – Appellant
Versus
District Deputy Registrar of Coop. Societies, K-West Ward, Mumbai Suburban District – Respondent
JUDGMENT:
AMIT BORKAR, J.
1. The petitioners have challenged the Judgment and Order dated 28 August 2019 passed by respondent No.3. By that order, respondent No.3 confirmed the order dated 6 November 2018 passed by respondent No.2. Respondent No.2 had reversed the order dated 3 August 2018 of respondent No.1. Respondent No.1 had directed bifurcation of respondent No.4 Momin Gujarat Co-operative Housing Society Limited.
2. Respondent No.4-society has 844 members. Out of them, 830 are residential units and 14 are commercial units. The society consists of 14 buildings with multiple wings. These buildings are constructed on 13 separate plots bearing CTS Nos. 192 and 197 to 202 and 204 to 209. The total area is 55,840 square meters. The land is situated at Patel Estate Road, Jogeshwari. The petitioners occupy the building known as Al-Akbar. This building has three wings labelled A, B and C having 94 members. It stands on plot bearing CTS No.204. Each plot has one building. The only exception is CTS Nos.199 and 200 which have two buildings standing on those plots.
3. The petitioners state that each building was developed independently on its own plot. Separate building permissions were issue
Bifurcation of a cooperative housing society is permissible when it serves collective welfare, promotes better administration, and ensures that members' rights and interests are upheld under the Maha....
Cooperative law permits bifurcation of societies when it enhances member welfare and does not require external approval beyond statutory provisions.
The court upheld the validity of bifurcation orders under the Maharashtra Co-operative Societies Act, confirming that procedural compliance with consultation requirements was met.
Non-compliance with statutory notice requirements under Section 14(4) of the Karnataka Co-operative Societies Act is an irregularity, not a fatal flaw, allowing bifurcation to proceed.
Court ruled that separate societies for mixed-use buildings are permitted only if substantial independent functioning and separation exist, as required by statutory provisions.
Jurisdiction and maintainability in cooperative disputes depend on specific statutes and bylaws; a cooperative court retains authority to hear disputes related to member resolutions unless explicitly....
A public trust registered under the Bombay Public Trust Act, 1850 is competent to enter into a contract and can become a member of a co-operative society, subject to the provisions of the Gujarat Co-....
The Registrar lacks authority to delete areas from existing co-operative societies to facilitate new establishments, emphasizing that PACSs can coexist in the same area under the Karnataka Co-operati....
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