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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Digant Parekh (HUF) – Appellant
Versus
Akruti Kailash Construction – Respondent
JUDGMENT :
AMIT BORKAR, J.
1. The petitioners have filed this writ petition under Article 226 of the Constitution of India. They challenge the judgment and order dated 25 November 2024 passed by respondent No.3 in Revision Application No.409 of 2024. By the said order, respondent No.3 set aside the order dated 18 August 2022 passed by respondent No.4 under Section 22 (2) of the Maharashtra Co-operative Societies Act, 1960, by which deemed membership was granted to petitioner No.1 in respect of Unit No.601. Respondent No.3 also set aside the consequential order dated 24 April 2024 passed under Section 79 (b) of the said Act appointing an authorized officer for respondent No.6 Society.
2. The relevant facts giving rise to the present petition are as follows. On 16 September 2013, petitioner No.1 obtained a registered agreement for sale executed by respondent Nos.1 and 2. On 5 March 2014, a Rectification Deed came to be executed, correcting the name of petitioner No.1 by substituting it with petitioner No.2 in his individual capacity.
3. In the year 2016, respondent Nos.1 and 2 instituted S.C. Suit No.2225 of 2016 before the City Civil Court at Dindoshi. They sought enforcement of the ter
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.
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....
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....
Membership in cooperative societies requires compliance with specified contributions and procedures; lacking compliance, tenant status does not automatically confer membership rights.
Membership in cooperative societies must strictly adhere to the sanctioned plan, and no membership can exceed the statutory limits established by law.
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 cannot be denied without timely communication of the decision, and disputes regarding dues do not preclude admission.
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