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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Shivraj Nagar Co-op. Hsg. Soc. Ltd., Through Chairman/Secretary – Appellant
Versus
Mextech Realty Pvt. Ltd., through Director, Anil Mutha – Respondent
| Table of Content |
|---|
| 1. identical questions of law from same facts. (Para 1 , 2) |
| 2. facts leading to the present writ petitions. (Para 3 , 4 , 5 , 6) |
| 3. petitioner and respondent's arguments on section 28. (Para 7 , 8) |
| 4. relevant statutory provisions outlined. (Para 9 , 10) |
| 5. analysis of section 28 and its application. (Para 11 , 12 , 13 , 14 , 15) |
| 6. court’s reasoning on validity of sale deeds and membership. (Para 16 , 17 , 18) |
| 7. standard for interference in writ jurisdiction. (Para 19) |
| 8. final decision on the writ petitions. (Para 20 , 21) |
JUDGMENT :
AMIT BORKAR, J.
1. Since all the writ petitions raise identical questions of law and arise from the same set of facts, they are heard together and decided by this common judgment.
2. The petitioner has called in question the Judgment and Order dated 18 July 2015 passed by the Divisional Joint Registrar, whereby the revision application filed by the petitioner was dismissed. The said revision arose from proceedings under Section 23 (2) of the Maharashtra Co-operative Societies Act, 1960, by which membership was conferred on respondent No.1 company.
3. The facts leading to the filing of the present writ petitions may be stated thus. Respondent N
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....
Co-operative society cannot refuse membership under Section 23 of MCS Act on grounds of non-residential use, lease prior consent breach, or unauthorised construction unless expressly disqualifying un....
Membership in cooperative societies must strictly adhere to the sanctioned plan, and no membership can exceed the statutory limits established by law.
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....
Membership in co-operative housing societies cannot be denied without timely communication of the decision, and disputes regarding dues do not preclude admission.
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....
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....
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-....
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