Bombay High Court

CHANDRABHAGA CO OP HSG SOC LTDversusDISTRICT DEPUTY REGISTRAR MUMBAI AND ORS

Decided: 18 August 2026
Disposal: Partly Allowed

Holding

The Court ordered the return of the sanctioned plan to the respondent’s counsel, conditioned upon filing a photocopy on record.

Summary

The petitioner, Chandrabhaga Co-operative Housing Society Ltd., filed a writ petition against the District Deputy Registrar, Mumbai City, seeking the return of a sanctioned plan that had been produced during the hearing. The petitioners argued that the proceedings had been remanded before the Competent Authority and that the sanctioned plan was essential for reliance before that authority. The respondents, represented by Mr. Mohd. Moin Khan, opposed the return of the original document, citing procedural concerns. The Court examined the necessity of the plan for the remand proceedings and considered the need to preserve the original while allowing the parties to rely on its contents. The Court ordered that the Registry return the sanctioned plan to the respondent’s counsel, subject to the condition that a photocopy of the plan be placed on record. No substantive merits of the petition were decided, and the order was purely procedural.

Issues considered

What is the appropriate procedure for returning a sanctioned plan to a party when proceedings are remanded before a Competent Authority?

Subjects

co-operative societies
sanctioned plan
remand
procedural order
competent authority

Judgment

                          Renuka                                               p2-wp-6417 of 2026.docx


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION
                                             WRIT PETITION NO. 6417 OF 2026
                          Chandrabhaga Co-operative Housing                    ...Petitioner
                          Society Ltd.
                                             V/s.

                          District Deputy Registrar, Mumbai City             ...Respondent
                          (1) Co-operative Societies.
                                                        ________________
                          Mr. Cyrus Jal i/b Ms. Priya Chaturvedi for Petitioner.
                          Mr. Mohd. Moin Khan for Respondent Nos. 6 to 8.
                          Mr. S. L. Babar, AGP for Respondent-State.
                                                        ________________
                                                                CORAM: SANDEEP V. MARNE, J.
                                                                  DATED: 27 AUGUST 2026.


                          P.C.:


                          1)            Not on board. Taken on board.


                          2)            Motion is made for return of the sanctioned plan produced
                          during the course of hearing of the Petition. It is pointed out that since
                          the proceedings are remanded before the Competent Authority,
                          sanctioned plan is necessary for reliance before the Competent
                          Authority. Accordingly, the Registry to return the sanctioned plan to Mr.
                          Khan, the learned counsel appearing for Respondent Nos. 6 to 8, subject
                          to the condition that photo copy of the sanctioned plan shall be placed
                          on record.


                                                                           [SANDEEP V. MARNE, J.]

Signed by: Renuka S Thakur
                                                          Page No.1 of 1
Designation: PA To Honourable Judge                       27 August 2026
Date: 27/08/2026 15:13:50

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