2026:BHC-AS:10648 AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11663 OF 2019 Rashmi CHS Limited ATUL GANESH A Registered Co-operative Housing KULKARNI Society, having its address at 11, Digitally signed by ATUL GANESH Byramji Gamadia Road, KULKARNI Date: 2026.03.05

11:44:00 +0530 Mumbai-400026 (Through its Manager Santosh Mokal ... Petitioner V/s.

1. Romila Dilip Bajaj, Age: Adult, Occupation: Business, Residing at 23, Bund Garden Road, Pune 411 001.

2. The Deputy Registrar, Co-operative Societies, ‘D' Ward, Mumbai Division, Mumbai, Having his Office at Sixth Floor, Malhotra House, Opposite General Post Office, Fort, Mumbai – 400 001.

3. The Divisional Joint Registrar, Co-operative Societies, 'D' Ward, Mumbai Division, Mumbai, Having his Office at -

Sixth Floor, Malhotra House, Opposite General Post Office, Fort, Mumbai – 400 001 …Respondents Mr. Surel Shah, Senior Advocate with Kishor Patil with Amol Mhatre with Sonal Dabholkar with Saakshat Relekar i/b Amol Mhatre, for Petitioner.

Mr. Anil Anturkar, Senior Advocate i/b Siddharth C.

Wakankar, for Respondent no. 1.

Ms. Snehal S. Jadhav, AGP for State-Respondent Nos. 2 and 3.

CORAM : AMIT BORKAR, J.

RESERVED ON : FEBRUARY 23, 2026 PRONOUNCED ON : MARCH 5, 2026 JUDGMENT.:

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 Being aggrieved, respondent No. 1 preferred Appeal No. 1864 of 2012, which was subsequently withdrawn unconditionally on 9 February 2012.

4. Thereafter, Jolly Brothers, Pune submitted a third application on 21 June 2013 seeking grant of membership in favour of respondent No. 1. The said application was also rejected on 20 June 2014. Respondent No. 1 preferred an appeal on 7 May 2016 challenging the rejection of membership dated 20 June 2014. The appeal came to be allowed on 7 May 2016. Being aggrieved thereby, the petitioner society preferred a revision application, which came to be dismissed on 30 August 2019. Hence, the present writ petition.

5. Mr. Shah, learned Senior Advocate appearing for the petitioner society, submitted that Jolly Brothers Private Limited, incorporated in the year 1951, was the original member of the society. He contended that the second application dated 25 April 2011 was submitted by a different company and was, therefore, rightly rejected. According to him, the said company did not challenge the rejection by filing an appeal. Though respondent No. 1 had preferred an appeal against the rejection, the same was withdrawn unconditionally without notice to the society. It was, therefore, submitted that the subsequent application was not maintainable in law, principally on the ground that the applicant company was not a member of the society and, further, that the earlier order had attained finality upon unconditional withdrawal of the appeal. It was further submitted that the Deed of Transfer and Assignment relied upon by respondent No. 1 is an unregistered document, whereas only the Deed of Declaration stands regist