BANDRA OWNERS COURT COOPERATIVE HOUSING SOCIETY LIMITED Vs. THE DIVISIONAL JOINT REGISTRAR OF COOPERATIVE SOCIETIES AND ORS.

JUDGEMENT

(1.) Called out from the final hearing board.

(2.) The PetitionerSociety has challenged orders dated 15 December 2009 passed by Respondent No.1the Divisional Joint Registrar, Cooperative Societies, Mumbai whereby, their Revision Application under Section 154 of the Maharashtra Cooperative Societies Act, 1960 (for short, "the MCS Act") was dismissed and thereby, order dated 13 April 2009 passed by the Deputy Registrar of Cooperative Societies, HWest Ward, Mumbai under Section 23(2) of the MCS Act, is confirmed.

(3.) The PetitionerSociety is a Tenant Cooperative Society, as contemplated under Rule 10 of the Maharashtra Cooperative Societies Rules, 1961 (for short, "the MCS Rules"). Respondent No.5 applied for the transfer of suit shares and suit flat from the name of Respondent Nos. 3 and 4the members of the Petitioner Society on 24 January 2004. Respondent No.3 was the Director of Respondent No.5 and also the Secretary of Petitioner Society. The Society declined to the said transfer for want of sufficient stamp and registration. The Society never accepted the payment on behalf of Respondent No.5, and even through Respondent Nos. 3 and 4, and communicated their inability to transfer the suit flat. The Application filed by Respondent No.5, therefore, rejected and the flat remained, so also the membership, in the name of Respondent Nos. 3 and 4. The Society returned the amount also. Respondent Nos. 6 and 7, on 15 August 2008, filed an Application for transfer of suit flat and suit shares from Respondent No.5 to them. On 26 August 2008, the same was rejected as Respondent No.5 was not the owner of the suit flat in the above back ground. Respondent Nos. 6 and 7, therefore, invoked Section 23(1) of MCS Act, 1960 before the Deputy Registrar of Cooperative Societies on 13 April 2009. The same was allowed and directed the Petitioner to admit them as members in respect of the suit shares and the suit flat. The Petitioner Society therefore, preferred the Revision Application and challenged the above order. Respondent No.1the Divisional Joint Registrar by impugned order dated 15 December 2009, rejected the Revision Application, therefore, the present Writ Petition by the Society.