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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
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 No.1 purchased five bungalows from their respective owners by registered sale deeds dated 7 April 2008. On the basis of these purchases, respondent No.1 applied for membership of the petitioner society. As the application was not decided within the prescribed period, respondent No.1 claimed that it acquired deemed membership of the petitioner society.
4. The petitioner society challenged the very transaction of sale deeds executed in favour of respondent No.1 by filing Dispute No.184 of 2008.
5. Thereafter, one Anil Mutha moved an applic
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 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-....
The main legal point established in the judgment is that the impugned notices issued by the Society were valid, as the petitioner failed to fulfill the obligation to undertake construction within the....
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.
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