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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Petit Mansion C-Wing Cooperative Housing Society Limited – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
AMIT BORKAR, J.
1. The petitioners have filed this writ petition to challenge the judgment and order dated 24 March 2025 passed by respondent No.2 in Appeal No.53 of 2024. By that judgment and order, respondent No.2 confirmed the order dated 19 December 2023 passed by the Deputy Registrar under Section 154B-27 of the Maharashtra Cooperative Societies Act, 1960. The petitioners also challenge the order dated 19 December 2024 passed in Appeal No.201 of 2023 confirming the order dated 20 December 2022 passed under Section 154B-27 of the said Act. The petitioners further challenge the consequential show cause notices dated 5 February 2024 and 10 June 2024 calling upon them to comply with the impugned orders.
2. The facts giving rise to the present writ petition are as follows. Petitioner No.1 is a cooperative housing society registered on 1 January 1982 under the Maharashtra Cooperative Societies Act. The society admitted one Mr. Dady Sorabjee Major as member in respect of Shop No. C/S/06 on 19 July 1998. Thereafter Smt. Manek Ady Amroliwala became a member of petitioner No.1 society. On 20 January 2000 respondent No.4 purchased Shop No. C/S/06 from Smt. Manek Ady Amroliwala. O
The Deputy Registrar lacks jurisdiction to adjudicate membership and ownership disputes under Section 154B-27 of the Maharashtra Cooperative Societies Act, which only allows for enforcement of existi....
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....
The Assistant Registrar of Cooperative Societies lacks jurisdiction over election disputes, which must be adjudicated by the Cooperative Election Commission per the relevant regulations.
The main legal point established in the judgment is that the Co-operative Court had jurisdiction to decide the issue of membership as well, and parallel remedies for the same cause of action could no....
The main legal point established in the judgment is that the Registrar cannot exercise the power under Section 74D of the Societies Act when the election of the managing committee is restrained under....
Authority under Section 70 enables the Additional Registrar to cancel improper allotments and registered sale deeds within cooperative societies, reinforcing adherence to bylaws and judicial oversigh....
The court found that interim orders can be granted under S.95(4) of the Maharashtra Co-operative Societies Act even before the Registrar determines if a dispute exists.
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