2025:BHC-AS:54042

Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION (ST) NO.19688 OF 2025

WITH

INTERIM APPLICATION (ST) NO.33773 OF 2025

M/s. Aether Cooperative Housing

Society Ltd. … Petitioner

V/s.

The Divisional Joint Registrar,

Cooperative Societies & Ors. … Respondents

Ms. Chanchal Singh a/w Prashita Manodia, i/b R. V.

Sankpal & Associates, for the Petitioner.

Mrs. D. S. Deshmukh, AGP, for the State – Respondent

Nos.1 & 2.

Mr. Rahul Soman, for Respondent No.17.

Mr. Rakesh Sawant a/w Ashish Shukla i/b Arhat Legal,

Respondent Nos.3 to 16 & 18.

Mr. Pratik Pokharkar, Deputy Registrar, R/N Ward is

present.

Mr. Bajrang Jadhav, Deputy Registrar, is present.

Ms. D. S. Deshmukh, AGP, for Respondent Nos.1 & 2.

CORAM : AMIT BORKAR, J.

DATED : DECEMBER 10, 2025

P.C.:

1. Rule. Rule made returnable forthwith.

2. Respondent Nos. 3 to 16 and 18 filed an application before Respondent No. 2. They invoked Section 154B-27(1) of the Maharashtra Cooperative Societies Act, 1960 read with Model Bye

law 174. Their case was that the petitioner society had levied maintenance charges in a manner contrary to its bye laws. They submitted that when the bye laws prescribe the manner of recovery, the society cannot act contrary to it. On this foundation, they sought a declaration that the petitioner society was not entitled to recover the impugned maintenance charges from its members.

3. The Authority proceeded to act under Section 154B-29. It directed the petitioner society to refund the maintenance charges collected from May 2022 and to issue revised bills to the respondent members. The petitioner challenges this direction. According to the petitioner, the Registrar has no adjudicatory power under Section 154B-27 to decide disputes relating to validity of maintenance charges. The respondents submit that such power is traceable to Model Bye law 174. They contend that once the bye law authorises the Registrar to enforce compliance, the Registrar can issue binding directions.

4. Section 154B-27 of the Act sets out the obligation of the society to act in accordance with the Act, Rules and bye laws and the Registrar’s power to ensure such compliance.

5. Section 154B-27 of the MCS Act reads as under:

“154B-27. Obligation of society to take action and Registrar’s powers to enforce.— (1) If any society is required to take action for performance of its obligations, responsibilities and duties as provided in this Act, rules and bye-laws or to execute the orders issued by the State Government or by the Registrar, from time to time, and such actions are not taken or such orders are not executed, the Registrar suo motu or on an application may issue directions to take such action or actions or execute such orders.

(2) Where any society is required to take any action or to execute the orders as provided in the foregoing sub-section and such action is not taken or orders are not executed,—

(i) within the time provided in this Act, rules or the bye-laws or in the order, as the case may be ; (ii) where no time is provided, within such time having regard to the nature and extent of the action to be taken as the Registrar may specify by notice in writing, the Registrar may himself or through a person authorized by him take such action or execute such order at the expense of the society and such expenses shall be recoverable from the responsible officer of the society as if it were arrears of land revenue :

Provided that, before issuing an order or direction and fixing the responsibility of payment of expenses an opportunity of being heard shall be given to the officer of society to whom the Registrar considers to be responsible for not taking such action or not executing such orders.

(3) The application submitted by a Member to the society for the certificate or certificates for sale of his flat or mortgaging it for obtaining loan or for any other purpose shall be decided by the society within a period of thirty days from the date of receipt of such application