Shabnoor IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11339 OF 2025 Shree Jagrutti Cooperative Housing Digitally signed by SHABNOOR S A H YU A B BNOORA PA YU TH B AN Society Ltd & Anr. … Petitioners PATHAN Date:

2025.11.25 18:03:50 +0530 V/s.

Shree Jagruti CHS Proposed & Ors. … Respondents WITH INTERIM APPLICATION NO.13401 OF 2025 IN WRIT PETITION NO.11339 OF 2025 Triumph Urban Developers Pvt. Ltd. … Applicant In the matter between Shree Jagrutti Cooperative Housing Society Ltd & Anr. … Petitioners V/s.

Shree Jagruti CHS Proposed & Ors. … Respondents WITH WRIT PETITION NO.10120 OF 2025 Shree Jagrutti Cooperative Housing Society Ltd & Anr. … Petitioners V/s.

Triumph Urban Developers Pvt. Ltd.

& Ors. … Respondents Mr. Karl Tamboly a/w Mr. Nirav Shah, Sharva Patel i/b Little & Company, for the Petitioners.

Mr. S. L. Babar, AGP with Ms. Savina Crasto, AGP, for Respondent Nos.2, 3 & 5.

Mr. Anil Shakhare, Sr. Advocate a/w Santosh Mali i/b Komal Punjabi, for Respondent No. 4 – BMC.

Mr. Girish Godbole, Sr. Advocate with Mr. Bhavik Manek i/b Sharad Wakchoure, for Respondent No.1 in WP/10120/2025 and IA/13401/2025.

Mr. Atul Damle, Sr. Advocate with Mr. Mayur Khandeparkar, i/b, Mr. Pratik Shah, for Respondent No.4 in WP/10120/2025 and Respondent No.1 in WP/11339/2025.

CORAM : AMIT BORKAR, J.

DATED : NOVEMBER 24, 2025 ORAL JUDGMENT:

1. The petitions arise from proceedings under Section 9 of the Maharashtra Cooperative Societies Act. The record shows that the Registrar issued only a certificate of registration. No reasons were recorded. This omission goes to the root of the matter.

2. For deciding the issue involved in these petitions, it is necessary to place on record the statutory scheme that governs the power of registration. The relevant provisions are Section 9, Section 154B 2, and Section 154B 3 of the Maharashtra Cooperative Societies Act. These provisions must be set out because they show the width of the Registrar’s duty, the conditions to be verified, and the nature of the satisfaction required before a society can be registered. They form the legal foundation on which the question before the Court must be examined.

“9. Registration.—(1) If the Registrar is satisfied that a proposed society has complied with the provisions of this Act and the rules, 108[or any other law for the time being in force, or policy directive's issued by the State Government under Section 4, and that its proposed by-laws are not contrary to this Act or to the rules, he 109[shall, within two months, from the date of receipt of the application register the society and its by-laws.

(2) Where there is a failure on the part of the Registrar to dispose of such application within the period aforesaid, the Registrar shall, within a period of fifteen days from the date of expiration of that period refer the application to the next higher officer and where the Registrar himself is the registering officer, to the State Government, who or which as the case may be, shall dispose of the application within two months from the date of its receipt and on the failure of such higher officer or the State Government, as the case may be, to dispose of the application within that period, the society and its bye-laws shall be deemed to have been registered and thereafter the Registrar shall issue a certificate of registration under his seal and signature within a period of fifteen days.

(3) Where the Registrar refuses to register a proposed society, he shall forthwith communicate his decision, with the reasons therefor, to the person making the application and if there be more than one to the person who has signed first thereon.

(4) The Registrar shall maintain a register of all societies registered, or deemed to be registered, under this Act.

154B-2. Registration of co-operative societies.— (1) No tenant co-partnership housing society shall be registered under this Act, unless it consists of at least five persons (each of such persons being a Member