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Bombay High Court

VAISHALI SANTOSH SHINDE AND ORSversusTHE DEPUTY REGISTRAR OF COOPERTIVE SOCIETIES CIDCO AND ORS

Decided
Disposal
Disposed Off

Holding

The petition is dismissed as the majority consent to the Development Agreement bars the relief sought.

Summary

The petitioners, a group of 42 members (including one deceased), sought a court order directing the Deputy Registrar to appoint an authorized representative to convene a Special or Emergency General Body Meeting of their cooperative society to discuss delays, defaults, and required disclosures under the Development Agreement and to negotiate redevelopment. The respondents, representing the society, the developer, and the State, informed the court that 91 of the 108 society members had already consented to the Development Agreement, which was executed on 15 July 2024, registered the next day, and a Commencement Certificate was issued on 3 June 2026. The petitioners, identified as non‑co‑operative members, argued for greater transparency and participation in the redevelopment decision. The court observed that while redevelopment decisions require majority approval, the overwhelming consent of the members effectively binds the petitioners to the agreed terms, and the society must cooperate by providing the requested documents. Consequently, the court disposed of the writ petition without ordering the convening of a special meeting.

Issues considered

  • Whether the petitioners can compel the Deputy Registrar to appoint an authorized representative to hold a Special/Emergency General Body Meeting of the cooperative society for discussing the Development Agreement.
  • Whether the majority consent of society members to the Development Agreement precludes the petitioners' request for further disclosures and renegotiation.

Subjects

  • cooperative society
  • development agreement
  • special general body meeting
  • majority consent
  • transparency
  • redevelopment
  • writ petition

Judgment

NISHA            Digitally signed by
                 NISHA SANDEEP
SANDEEP          CHITNIS
                 Date: 2026.08.29
CHITNIS          16:36:23 +0530                                                911-wp.11039.2026.doc


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                          WRIT PETITION NO.11039 OF 2026

                 Vaishali Santosh Shinde and Ors.                   ...Petitioners
                      Versus
                 The Deputy Registrar of Co-operative
                 Societies, CIDCO and Ors.                          ...Respondents

                 Mr. Aditya Lele with Mr. Bharat Mirchandani, Mr. Talib Kalandan,
                 Mr. Atul Mishra i/b Mirchandani Advocates & Co. for the Petitioners.

                 Mr. Tejesh Dande with Mr. Pranav Nimhan and Mr. Tanuj Kabra for
                 the Respondent No.2.

                 Mr. Suresh Sabrad with Mr. Jeetenndra Sachhdev, Mr. Amey Sawant,
                 Ms. Eshwaree Kudalkar, Mr. Vilas Thale, Mr. Prateek Sabrad and
                 Mr. Avinash Banga i/b JS Legal for the Respondent No.3.

                 Mr. S. H. Kankal, A.G.P. for the Respondent-State.

                                                      CORAM: BHARATI DANGRE &
                                                             ASHISH S. CHAVAN, JJ.

                                                    DATE     : 27th AUGUST 2026
                 P.C. :

                 1.                    Heard the learned counsel for the petitioners.



                 2.                    The petition being filed by 42 petitioners, out of which

                 one petitioner is informed to be dead seek a direction to the



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                respondent No.1. to appoint an authorized representative to conduct a

                Special General Body Meeting/Emergency General Body Meeting of

                the respondent No.2 Society for discussion on various aspects which

                include the discussion on the delay and default in the Development

                Agreement as well as the necessary disclosures to be made by the

                Developer ensuring transparency in the process with a request for

                negotiation of re-development.



                3.         We have the appearance of the learned counsel on behalf

                of the Society as well as the Developer and a statement is made before

                us that, out of 108 members of the Society, 91 members have accorded

                their consent to the execution of the Development Agreement, which

                is done long back in 15th July 2024 and even the Development

                Agreement is registered on the next day. We are informed that the

                Commencement Certificate is also issued on 3 rd June 2026, pursuant to

                which the development has commenced.         It is informed that the

                present petitioners are the Non-Co-operative members and we could

                see from the pleadings in the petition that they want certain


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                                                                      911-wp.11039.2026.doc


                disclosures. Undisputedly, the decision to be taken to appoint a

                Developer for re-development of the Society is a decision to be taken

                by a majority but must have consensus of all the members and we

                expect the Society to render all necessary co-operation to the

                petitioners by furnishing all such documents which the petitioners

                seek. However, it must be kept in mind that if the Development

                Agreement is agreed to by maximum members of the Society then the

                petitioners have no choice then to go ahead with it. However despite

                this, we expect co-operation of the Society and the Developer, as we

                find that the Developer has addressed communication to the Society

                ensuring a particular area to be allotted to each member and we hope

                and trust that all these clauses find place in the Development

                Agreement.

                             With these directions, we dispose of the writ petition.




                ASHISH S. CHAVAN, J.                        BHARATI DANGRE, J.




N. S. Chitnis                                                                          3/3


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