Bombay High Court

NAGSEN CO-OP. HSG. SOC. LTD, THROUGH TREASURER, SHRI. PANDURANG M. JADHAVversusDIVISIONAL JOINT REGISTRAR, CO-OP. SOCIETIES, MUMBAI AND ORS

Decided: 16 September 2026
Disposal: Disposed Off

Holding

The Court held that there was no valid reason to interfere with the Divisional Joint Registrar’s order and dismissed the writ petition.

Summary

The petitioner, Nagsen Co‑Op. Housing Society Ltd., filed a writ petition challenging the Divisional Joint Registrar's order dismissing its revision applications and confirming an earlier order granting membership of flats B‑103 and B‑104 to two respondents. The petitioner argued that the society was formed only for wing‑A and could lawfully exclude residents of wing‑B, while the respondents contended that the society was a common society for the entire building and that many wing‑B residents had applied for membership. The Court examined the records and found no evidence that the society was limited to wing‑A; it is a society for the whole building comprising wings A and B. Consequently, the society's refusal to admit wing‑B residents was deemed erroneous, but the Court saw no valid ground to interfere with the Registrar’s order. The writ petition was therefore dismissed, and the interim application for restoration of the petition was disposed after recalling the earlier dismissal order.

Issues considered

Whether the cooperative housing society can lawfully restrict membership to residents of only one wing of the building.
Whether the Divisional Joint Registrar's order dismissing the revision applications should be interfered with.

Subjects

Co-operative Housing Society
Membership Admission
Revision Application
Writ Petition
Divisional Joint Registrar
Civil Procedure

Judgment

Renuka Thakur                                                   19-IA-7250-2026.docx


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION
                   INTERIM APPLICATION NO. 7250 OF 2026
                                         IN
                       WRIT PETITION NO. 6926 OF 2014
Nagsen Co-Op. Hsg. Soc. Ltd, Through                  ...Applicant/Petitioner
Treasurer, Shri. Pandurang M. Jadhav
                      V/s.

Divisional Joint Registrar, Co-Op.                       ...Respondents
Societies, Mumbai and Ors
                          ________________
Mr. Niranjan Mogre with Mr. Umang Mehta and Mr. Tejas S. Joshi for
Applicant/Petitioner.
Mr. Manoj Vishwakarma i/b M/s MKV Juris for Respondent Nos. 3 and 4.
Mr. P. G. Sawant, AGP for Respondent-State.
                                 ________________
                                          CORAM: SANDEEP V. MARNE, J.
                                           DATED: 16 SEPTEMBER 2026.


P.C.:


INTERIM APPLICATION NO. 7250 OF 2026:-
1)               Application is filed for restoration of the Petition which is
dismissed for non-prosecution by order dated 21 January 2026. In view of
the averments in the Application and with a view to provide an
opportunity to the Applicant to prosecute the Petition on merits, order
dated 21 January 2026 is recalled and Writ Petition is restored. Interim
Application is disposed of.

                                     Page No.1 of 3
                                  16 SEPTEMBER 2026
Renuka Thakur                                            19-IA-7250-2026.docx


WRIT PETITION NO. 6926 OF 2014:-
2)              The Petition challenges order dated 21 April 2014 passed by
the Divisional Joint Registrar dismissing Revision Application Nos. 501
and 502 of 2012 filed by the Petitioner-society and confirming the order
dated 6 June 2012 passed by the Assistant Registrar. By order dated 6
June 2012, the Assistant Registrar had directed grant of membership in
respect of flat Nos. B-103 and B-104 to Respondent Nos. 3 and 4.


3)              I have heard Mr. Mogre, the learned counsel appearing for
Petitioner, Mr. Vishwakarma, the learned counsel appearing for
Respondent Nos. 3 and 4 and Mr. Sawant, the learned AGP appearing for
Respondent-State.


4)              It appears that though residents of wing-A approached the
Registrar for formation of a Co-operative Housing Society, there is
nothing on record to indicate the society is formed only in respect of
wing A of the building. It appears to be a common society in respect of
entire building comprising of wings A and B. In that view of the matter,
society’s resistance for admission of residents of wing B as its members
appears to be clearly erroneous. Mr. Mogre submits that there is no
reservation as such by the Petitioner-society in admitting the residents
of wing B as its members provided all the residents become member of
the Petitioner-society. He submits that only two residents cannot
separate themselves and seek membership of the Petitioner-society. Mr.
Vishwakarma, however, clarifies that so far 24 residents of wing B have
applied to the Petitioner-society for membership. Petitioner-society can



                                    Page No.2 of 3
                                 16 SEPTEMBER 2026
                          Renuka Thakur                                                19-IA-7250-2026.docx


                          accordingly admit them as its members as well as call upon the
                          remaining residents of wing B to apply for its membership.


                          5)              In view of the above position, I do not find any valid reason
                          to interfere in the impugned order passed by the Divisional Joint
                          Registrar. Writ petition is accordingly dismissed.




                                                                               [SANDEEP V. MARNE, J.]




Signed by: Renuka S Thakur
                                                              Page No.3 of 3
Designation: PA To Honourable Judge                        16 SEPTEMBER 2026
Date: 17/09/2026 15:30:30

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