MAHESHKUMAR VINAYAK BHUMKAR Vs. SHANTI LANDMARK

JUDGEMENT

(1.) Rule, returnable forthwith. Heard finally by consent of the parties.

(2.) By this petition the petitioner challenges the order dated 18th of September 1997 passed by the Joint Registrar, Co-op. Societies (Appeals), Pune Division, Pune. By that order the Joint Registrar has allowed the appeal filed by the respondent No.1 and has set aside the order dated 6.11.1996 and the order dated 21.11.1996 passed by the Dy.Registrar, Co-operative Societies, Pune City (II), Pune. By the order dated 21.11.1996, the Deputy Registrar had granted registration to the Prerana Co-operative Housing Society. Thus in the appeal before the Joint Registrar what was challenged was the order passed by the Dy.Registrar, granting registration to the Prerana Co-op Hsg.Society. However, though that order was challenged by the respondent No.1 in the appeal before the Joint Registrar, the Society which had come into existence as a result of grant of registration by the Dy.Registrar, was not joined as a party to the appeal before the Jt.Registrar. Therefore, an objection was raised on behalf of the petitioner that the society of which registration was challenged before the Joint Registrar, was a necessary party to the appeal and that the appeal relating to the registration of the society cannot be decided in the absence of that society. Perusal of the order of the Joint Registrar, however, shows that this objection raised on behalf of the petitioner, though has been referred to paragraph 4 of the order, has not been considered and decided by the Jt.Registrar.

(3.) The learned counsel appearing for the respondent No.1 urged before me that as the promoters of that society were joined as parties, it was not necessary to join the Prerana Co-op.Hsg.Society as party to the concerned appeal. Perusal of Section 36 of the Maharashtra Cooperative Societies Act shows that a co-operative society registered under the provisions of the Act, is a body corporate by the name to which it is registered, with perpetual succession and a common seal. Therefore, the moment a society is registered under the Act, it becomes a body corporate and has an existence independent to its managing committee and members. Therefore, in my opinion joining the Chief Promoter as a party to the Appeal, challenging the order granting registration to the society, was not enough and the society itself was a necessary party.