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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Rashmi CHS Limited – Appellant
Versus
Romila Dilip Bajaj – Respondent
| Table of Content |
|---|
| 1. procedural history of repeated membership applications and rejections (Para 1 , 2 , 3 , 4) |
| 2. invalid transfer lacks registration; res judicata bars re-application (Para 5 , 6) |
| 3. rejection limited to recorded reasons under open membership (Para 7 , 8 , 9) |
| 4. section 23 mandates sufficient cause and appeal procedure (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 5. appellate authority confined to society's recorded reasons (Para 18 , 19 , 20 , 21) |
| 6. judicial review checks legality, not factual re-appreciation (Para 22 , 23 , 24 , 25 , 26 , 27) |
| 7. earlier communications integrate into final rejection reasons (Para 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 8. rejection restored for unregistered transfer documents (Para 35 , 36 , 37 , 38 , 39 , 40 , 41) |
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
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....
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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....
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....
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....
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