UDAY DALAL Vs. DIVISIONAL JOINT REGISTRAR

JUDGEMENT

(1.) Both writ petitions arise from proceedings under Sec. 23(2) of the Maharashtra Cooperative Societies Act, 1960. The Deputy Registrar granted membership to respondent No.3 in relation to a room of 250 square feet situated on the North East side of the building of respondent No.4 society. The petitioners challenge this decision.

(2.) The petitioners place the following facts on record. Respondent No.4 was registered as a housing society on 2/5/1996. Six of the seven original occupants paid the required amounts. These six, including the purchaser of respondent No.5, became entitled to be members of respondent No.4 society. The petitioners are subsequent purchasers. The society issued share certificates in their favour. According to the petitioners, flat No.5 admeasures 2742 square feet of carpet area along with a servant room of 150 square feet on the ground floor situated on the North East corner of the property and two open parking spaces. The managing committee of respondent No.4 consisted of six members since inception.

(3.) The petitioners state that Mr Rajendra Agarwal expressed interest in purchasing flat No.7. This flat belongs to the society. The issue was discussed in a committee meeting held on 17/12/2024. In that meeting, the majority of the committee, including the petitioners, decided that flat No.7 should not be sold and must remain with the society. The petitioners allege that this decision led to complaints filed at the instance of Mr Rajendra Agarwal. These complaints resulted in appointment of an Officer over the society.