Bombay High Court
ANAND JOSEPH PRABHU S/O LATE LUMINA GITA MIRANDAversusMARIA APARTMENTS CHS LTD. AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The High Court disposed of the writ petition, directing that the Co-operative Court alone decide the validity of the resolution without being influenced by the appellate court's observations.
Summary
The petitioner, Anand Joseph Prabhu, filed a writ petition challenging a resolution passed by the cooperative society in its meeting on 5 January 2025. The petition was filed after an appeal from Order No.85 of 2025 had been heard and decided by the Co-operative Appellate Court. The High Court observed that the society's meeting and the adoption of the resolution occurred before the appellate court's decision. Consequently, the petitioner may still question the validity of the resolution by seeking an amendment of the dispute. The Court held that the validity of the resolution should be determined by the Co-operative Court, free from any influence of the appellate court’s observations. Accordingly, the writ petition was disposed of.
Issues considered
- Whether the High Court can entertain a writ petition challenging the validity of a cooperative society's resolution after the appellate court has decided the related appeal.
- Whether the petitioner is entitled to seek amendment of the dispute to question the resolution's validity.
- Whether the observations of the Co-operative Appellate Court should influence the Co-operative Court's determination of the resolution's validity.
Subjects
- cooperative society
- resolution validity
- writ petition
- jurisdiction
- amendment of dispute
Judgment
2026:BHC-AS:38553
k 1/1 14 wp 12448.26 as.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12448 OF 2026
Anand Joseph Prabhu ....Petitioner
V/S
Maria Apartments CHS Ltd. & Ors. ....Respondents
_________
Mr. Ajit Anekar alongwith Ms. Sanskruti More, Ms. Avanti Kher,
Ms. Madhuri Negi i/b Auris Legal for the Petitioner.
Mr. Aniruddha Garge, B Panel with Ms. S.D. Chipade, AGP for
Respondent/State.
__________
CORAM : SANDEEP V. MARNE, J.
DATE : 21 SEPTEMBER 2026.
P.C.:
1. It appears that by the time the Appeal from Order No.85 of 2025
was heard and decided by the Co-operative Appellate Court, the meeting
of the Society was already held and a resolution therein has already been
adopted. Petitioner would be at liberty to question validity of resolution
adopted in the meeting dated 5 January 2025 by applying for amendment
of the Dispute. Validity of the resolution shall be decided by the Co-
operative Court uninfluenced by any observations made by the Co-
operative Appellate Court in order dated 2 April 2026.
2. With the above clarification, the Writ Petition is disposed of.
(SANDEEP V. MARNE, J.)
katkam
Signed by: Sudarshan R. Katkam Page No. 1 of 1
Designation: PS To Honourable Judge
Date: 22/09/2026 11:06:11
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