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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Samir Narain Bhojwani – Appellant
Versus
Assistant Registrar C.S. (Eastern & Western Suburban), Mumbai – Respondent
| Table of Content |
|---|
| 1. procedural history and membership issues (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. parties’ arguments on membership rights (Para 7 , 8 , 9) |
| 3. legal nature of section 23(2) proceedings (Para 10 , 11 , 12 , 13) |
| 4. locus standi and intervention rights in membership proceedings (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 5. society’s locus and maintainability of writ petition (Para 20 , 21 , 22) |
| 6. effect of ongoing arbitration on membership (Para 23 , 24 , 25) |
| 7. final judgment and effect of arbitration (Para 26) |
JUDGMENT :
AMIT BORKAR, J.
1. The petitioner has questioned the Judgment and Order dated 18 November 2025 passed by the revisional authority. The revisional authority confirmed the Judgment and Order dated 7 August 2025 passed by the appellate authority under Section 23 (2) of the Maharashtra Cooperative Societies Act, 1960. By the said order, membership was conferred on respondent No.2.
2. The facts giving rise to the present writ petition may be stated in brief. The petitioner submits that by an allotment letter, flat No. B-3 situated on the 22nd floor of respondent No.3 society known as Bay View CHS was allotted to Mr. Priyank Hemani. On 5 November 2015, Mr. Priyank Hemani purchas
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....
Valid agreements under the Maharashtra Ownership Flats Act entitle purchasers to society membership, and a pending civil suit does not bar membership conferment absent a restraining order.
Membership in cooperative societies must strictly adhere to the sanctioned plan, and no membership can exceed the statutory limits established by law.
Society's membership refusal upheld if prior rejection communications record sufficient cause like unregistered transfer documents; appellate and review authorities confined to original reasons, read....
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 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 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.
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....
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