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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Rashmi CHS Limited – Appellant
Versus
Romila Dilip Bajaj – Respondent
JUDGMENT :
AMIT BORKAR, J.
1. By the present writ petition, the petitioner society challenges the Judgment and Order dated 30 August 2019 passed by respondent No. 3 in Revision Application No. 289 of 2016.
2. The facts giving rise to the present writ petition, in brief, are as follows. Jolly Brothers Private Limited, Mumbai, was admitted as a member of the petitioner society on 13 June 1965. On 5 May 2006, Jolly Brothers Private Limited transferred and assigned Share Certificate No. 35 in favour of respondent No. 1. Subsequently, in the year 2010, a Deed of Declaration came to be executed between respondent No. 1 and Jolly Brothers Private Limited.
3. Respondent No. 1 submitted an application seeking membership and transfer on 14 February 2011. The said application was rejected by the petitioner society on 14 March 2011. Thereafter, on 25 April 2011, Jolly Brothers Private Limited, Mumbai submitted a second application seeking transfer and grant of membership in favour of respondent No. 1. The said application was rejected on 20 July 2011 and again on 10 November 2011. Being aggrieved, respondent No. 1 preferred Appeal No. 1864 of 2012, which was subsequently withdrawn unconditionally
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....
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 cooperative societies requires compliance with specified contributions and procedures; lacking compliance, tenant status does not automatically confer membership rights.
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....
The court established that under the Maharashtra Cooperative Societies Act, a cooperative society is obligated to accept all qualified membership applications, and any disputes regarding membership m....
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 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 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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