2023:BHC-AS:36253 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8283 OF 2022

1. Meru Heights Co-operative Housing Society ]

Limited. ] A Co-operative Housing Society, ] Registered under The Maharashtra ] Co-operative Societies Act, 1960, ] Bearing registration no.MUM/W-FN/HSG(TC)] 9710/2020-2021 and having its office at ] 268, Telang Road, Matunga, Mumbai. ]

2. Devshi Devraj Gada, ]

Age – 52 years. ]

3. Devji Devshi Gada, ]

Age – 32 years, ]

4. Paresh Devshi Gada, ]

Age – 30 years, ] All residing at Apartment Nos.601, 602 and ] 603, Meru Heights, 268, Telang Road, ] Matunga, Mumbai – 400 019. ]

5. Kewal Kiran Realtors & Infra Private Limited, ]

A Company incorporated under the provisions] of The Companies Act, having its registered ] office at B-101-107, Synthofine Estate, ] Opp. Virwani Industrial Estate, Goregaon (E),] Mumbai – 400 063, ] And its Director’s residence at Apartment ] Nos.201 and 202, Meru Heights, 268, ] Telang Road, Matunga, Mumbai – 400 019. ]

6. Valabhji Khimji Savla, ]

Age – 42 years, ] Residing at Apartment Nos.301 & 302, ] Meru Heights, 268, Telang Road, Matunga, ] Mumbai – 400 019. ]

7. Mita Biren Savla, ]

Age – 45 years, ] Residing at Apartment No.303, ] Meru Heights, 268, Telang Road, Matunga, ] Mumbai – 400 019. ]

8. Pravin I Manania alias Pravin I Soni ]

Age – 39 years, ]

9. Nanda P Manania alias Nanda P Soni ]

Age – 46 years, ] Both Residing at Apartment Nos.301 & 302, ] Meru Heights, 268, Telang Road, Matunga, ] Mumbai – 400 019. ]

10. K. G. Krishnamurthy, ]

Age – 50 years, ]

11. Bhavna Krishnamurthy, ]

Age – 47 years, ] Both residing at Apartment Nos.403 & 404, ] Meru Heights, 268, Telang Road, Matunga, ] Mumbai – 400 019. ]

12. Kantibai Nanji Karani, HUF ]

Through its Karta Mr. Kanti Nanji Karani, ] Residing at Apartment No.501, ] Meru Heights, 268, Telang Road, Matunga, ] Mumbai – 400 019. ]

13. Kantibai Nanji Karani, ]

Age – 39 years, ] Residing at Apartment No.502, ] Meru Heights, 268, Telang Road, Matunga, ] Mumbai – 400 019. ]

14. Hira Bakul Shah, ]

Age – 45 years, ] Residing at Apartment Nos.701 & 702, ] Meru Heights, 268, Telang Road, Matunga, ] Mumbai – 400 019. ]

15. Bakul Umarshi Shah, ]

Age – 38 years, ] Meru Heights, 268, Telang Road, Matunga, ]

Mumbai – 400 019. ] … Petitioners Versus

1. The State of Maharashtra ] 2. The State Minister of Co-operation, ]

Mantralaya, Mumbai. ]

3. The Divisional Joint Registrar, ]

Co-operative Societies, ] 6th Floor, Malhotra House, Fort, ] Mumbai – 400 001. ]

4. The Assistant Registrar, F North Ward, ]

Co-operative Societies, Mumbai, ] Malhotra House, 6th Floor, ] Opp. GPO, Fort, Mumbai – 400 001. ]

5. Jagshi Jethabai Chheda ]

Age – 55 years, ] Residing at Apartment No.802, ] Meru Heights, 268, Telang Road, ] Matunga, Mumbai – 400 019. ]

6. Vijay Jagshi Chheda ]

Age – 53 years, ] Residing at Apartment Nos.803 & 802, ] Meru Heights, 268, Telang Road, ]

Matunga, Mumbai – 400 019. ] … Respondents Mr. A. V. Anturkar, Senior Advocate a/w Minal Chandnani i/b Mr. Jaiwant Chandnani Associates for Petitioners.

Mr. P. P. Pujari, AGP for Respondent Nos.1 to 4.

Mr. G. S. Godbole, Senior Advocate a/w Mr. Yuvraj Singh & Mr. V. S.

Vengurlekar i/b M/s. Nair Vengurlekar & Co. for Respondent Nos.5 & 6.

CORAM :- SANDEEP V. MARNE, J.

RESERVED ON :- 29 NOVEMBER, 2023 PRONOUNCED ON :- 05 DECEMBER, 2023 JUDGMENT :

1. Rule. Rule is made returnable forthwith. With the consent of the learned counsel for parties, Petition is taken up for hearing.

2. By this Petition, Petitioner–Society challenges Order dated 27/12/2021 passed by the Divisional Joint Registrar, de-registering the Society under the provisions of Section 21A of The Maharashtra Co- operative Societies Act, 1960 (‘MCS Act’) as well as the Order dated 21/06/2022 passed by the Minister–Cooperation rejecting Petitioner’s appeal.

3. Briefly stated, facts of the case are that Respondent Nos.5 and 6 are the developers / promoters in respect of the building named Meru Heights. Completion Certificate in respect of the building was