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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Digant Parekh (HUF) – Appellant
Versus
Akruti Kailash Construction – Respondent
| Table of Content |
|---|
| 1. challenge to prior orders based on facts. (Para 1 , 2 , 5) |
| 2. arguments regarding membership and jurisdiction. (Para 6 , 7 , 8 , 9) |
| 3. findings of fact from agreement and membership. (Para 10 , 11 , 12 , 13) |
| 4. analysis of jurisdictional transfers under the revised act. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 5. nature and impact of the mofa agreement. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 6. effect of civil suit pending on membership decisions. (Para 30) |
| 7. final judgment and order in the writ petition. (Para 31 , 32 , 33) |
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 aut
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,....
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