PETIT MANSION C-WING COOPERATIVE HOUSING SOCIETY LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners have filed this writ petition to challenge the judgment and order dtd. 24/3/2025 passed by respondent No.2 in Appeal No.53 of 2024. By that judgment and order, respondent No.2 confirmed the order dtd. 19/12/2023 passed by the Deputy Registrar under Sec. 154B-27 of the Maharashtra Cooperative Societies Act, 1960. The petitioners also challenge the order dtd. 19/12/2024 passed in Appeal No.201 of 2023 confirming the order dtd. 20/12/2022 passed under Sec. 154B-27 of the said Act. The petitioners further challenge the consequential show cause notices dtd. 5/2/2024 and 10/6/2024 calling upon them to comply with the impugned orders.

(2.) The facts giving rise to the present writ petition are as follows. Petitioner No.1 is a cooperative housing society registered on 1/1/1982 under the Maharashtra Cooperative Societies Act. The society admitted one Mr. Dady Sorabjee Major as member in respect of Shop No. C/S/06 on 19/7/1998. Thereafter Smt. Manek Ady Amroliwala became a member of petitioner No.1 society. On 20/1/2000 respondent No.4 purchased Shop No. C/S/06 from Smt. Manek Ady Amroliwala. On 13/7/2004 respondent No.4 became a member of respondent No.9 society. On 25/8/2014 consent terms were filed between respondent Nos.5 to 8 and respondent No.4 in Suit No.257 of 2013 in respect of a 4 percent undivided share in Shop No. C/S/06. On 27/6/2016 further consent terms were filed in the same suit, under which respondent No.5 was held entitled to a 4 percent share in Shop No. C/S/06. On 4/10/2016 a deed of conveyance was executed between respondent No.4 and respondent Nos.5 to 8 in respect of the said 4 percent share. According to the petitioners, the consent terms are not registered and no stamp duty has been paid. By order dtd. 20/5/2022 passed by respondent No.3, petitioner No.1 society stood bifurcated. On 29/8/2022 respondent No.4 addressed a letter to petitioner No.2 claiming ownership of Shop No. C/S/06 on the basis of the said conveyance deed, which according to the petitioners relates only to a 4 percent share. On the same day respondent Nos.5 to 8 addressed a letter to the Chairman of petitioner No.1 stating that respondent No.4 had ceased to be the owner of Shop No. C/S/06.

(3.) On 29/8/2022 the Chairman of petitioner No.1 addressed a letter to respondent No.9 society seeking details of members of Wing C. Respondent No.9, by its letter of the same date, forwarded the list of members of Wing C showing respondent No.4 as member in respect of Shop No. C/S/06. Respondent Nos.5 to 8 thereafter filed an application before respondent No.3 against petitioner No.1 seeking directions to the Chief Promoter to submit A, B and C statements and bye laws for formation and registration of the society pursuant to the order dtd. 20/5/2022 in respect of Shop No. C/S/06. By letter dtd. 8/12/2022 petitioner No.1 called upon respondent Nos.5 to 8 to produce relevant documents and grant inspection as referred to in their application dtd. 12/9/2022. Respondent Nos.5 to 8 did not comply. Respondent No.3 by order dtd. 28/12/2022 allowed the said application under Sec. 154B-27 and directed the Chief Promoter of petitioner No.1 society to include the names of respondent Nos.5 to 8 in the documents filed for registration of the society. On 10/1/2023 petitioner No.1 addressed a communication to respondent No.3 stating that the registration proposal of petitioner No.1 society had already been filed including the name of one Dilip Sanghavi as promoter in respect of Shop No. C/S/06 and excluding respondent Nos.5 to 8 who were only associate members of respondent No.9 society. The society stated that in absence of title documents the names of respondent Nos.5 to 8 could not be included and since petitioner No.1 society already stood registered and there was neither title document nor payment of stamp duty, the names of respondent Nos.5 to 8 could not be included as members in respect of Shop No. C/S/06. On 21/2/2023 petitioner No.1 preferred Appeal No.201 of 2023 before respondent No.2 challenging the order dtd. 28/12/2022.