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AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

ATUL

GANESH WRIT PETITION NO. 10949 OF 2025

KULKARNI

WITH

WRIT PETITION NO. 10950 OF 2025

Digitally signed

by ATUL GANESH

WITH

KULKARNI

Date: 2025.12.24

WRIT PETITION NO. 10951 OF 2025

11:28:22 +0530

WITH

WRIT PETITION NO. 10952 OF 2025

1. Shivraj Nagar Co-op. Hsg. Soc. Ltd.

Through Chairman/Secretary, Near

Nitin Company, Almeida Road,

Panchapakhadi, Thane (W) 400602. … Petitioner

V/s.

1. Mextech Realty Pvt. Ltd.,

Formerly known as Nandivardhan

Constructions Pvt. Ltd., 2403, A-Wing,

Marathon Futurex, Mafatlal Mills

Compound, N. M. Joshi Marg, Lower

Parel, Mumbai 400013,

through Director, Anil Mutha.

2. The Dy. Registrar,

Co-operative Societies, Thane City,

Vardhavat Mansion, 2^nd floor, Shivaji

Road, Thane (W), Dist. Thane.

3 The Divisional Joint Registrar,

Co-operative Societies, Kokan Division,

Kokan Bhavan, 3^rd Floor,

Navi Mumbai – 400614. … Respondents

1

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Mr. A.R. Gole along with Ms. Vishwali V. Botle for the

petitioner.

Mr. Pradeep Thorat i/by Mr. Prayag Joshi, for Respondent

No.1.

Smt. S. R. Crasto, AGP for the State – Respondent Nos. 2 &

3 in WP No. 10949/2025.

Shri P. V. Nelson Rajan, AGP for the State – Respondent

Nos. 2 & 3 in WP No. 10950/2025.

Smt. S. D. Chipade, AGP for the State – Respondent Nos. 2

& 3 in WP No. 10951/2025.

Smt. M.S. Shrivastav, AGP for the State – Respondent Nos.

2 & 3 in WP No. 10952/2025.

CORAM : AMIT BORKAR, J.

RESERVED ON : DECEMBER 22, 2025

PRONOUNCED ON : DECEMBER 24, 2025

JUDGMENT:

1. Since all the writ petitions raise identical questions of law

and arise from the same set of facts, they are heard together and

decided by this common judgment.

2. The petitioner has called in question the Judgment and

Order dated 18 July 2015 passed by the Divisional Joint Registrar,

whereby the revision application filed by the petitioner was

dismissed. The said revision arose from proceedings under Section

23(2) of the Maharashtra Co-operative Societies Act, 1960, by

which membership was conferred on respondent No.1 company.

3. The facts leading to the filing of the present writ petitions

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may be stated thus. Respondent No.1 purchased five bungalows

from their respective owners by registered sale deeds dated 7 April

2008. On the basis of these purchases, respondent No.1 applied for

membership of the petitioner society. As the application was not

decided within the prescribed period, respondent No.1 claimed

that it acquired deemed membership of the petitioner society.

4. The petitioner society challenged the very transaction of sale

deeds executed in favour of respondent No.1 by filing Dispute

No.184 of 2008.

5. Thereafter, one Anil Mutha moved an application seeking

conferment of membership on respondent No.1. Being aggrieved

by the stand taken by the society, Anil Mutha preferred appeals

before respondent No.2. These appeals were rejected on 4 April

2005. Respondent No.1 thereafter filed revision applications. By

order dated 7 November 2014, respondent No.3 allowed the

revisions. Aggrieved thereby, the petitioner filed Writ Petition Nos.

2690, 2691, 2692, and 2693 of 2015. These petitions came to be

disposed of by order dated 14 February 2024, granting liberty to

respondent No.1 to submit fresh applications for membership.

6. Pursuant to the order dated 14 February 2024, respondent

No.1 submitted fresh applications for membership on 25 February

2024. The petitioner rejected these applications by order dated 20

May 2024. Respondent No.1 carried the matter in appeal before

respondent No.2, which was allowed by Judgment and Order

dated 17 April 2025. The petitioner then preferred revision

applications before respondent No.3, which were dismissed by

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Judgment and Order dated 18 July 2025. It is in these

circumstances that the present writ petitions have been filed.

7. Mr. Gole, learned Advocate for the petitioner, invited

attention to Section 28 of the MCS Act