Vikram MisraversusThe Deputy Registrar, Cooperative Society, Thane

2026:BHC-AS:36506
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                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION

                                    WRIT PETITION NO.7893 OF 2026

             Vikram Misra                                                   ....Petitioner
                   V/S
             Smriti Misra                                                   ....Respondent
                                                     _________

             Mr. Arjun Amanchi with Mr. Vinay Kadam i/b Mr. Amanchi Legal & Co.
             for the Petitioner.
             Mr. Yash Dewal for Respondent No.5.
             Ms. Ashwini A. Purav, AGP for Respondent Nos.1 to 4/State.
                                          __________

                                            CORAM : SANDEEP V. MARNE, J.
                                            DATE : 1 SEPTEMBER 2026.

             P.C.:


             1.       In the present Petition, the Petitioner has sought following reliefs:

                      “a)     The Hon’ble Court be pleased to exercise its writ jurisdiction under
                      Articles 226 and 227 of the Constitution of India by issuing appropriate writ,
                      direction to the Deputy Registrar for deciding the maintenance due of the
                      Petitioner during the period of 01/04/2010 to 30/04/2023 along with the non-
                      compliance of the society for various reasons from the date of its formation
                      w.r.t to petitioner case, petitioner membership/transfer application till its
                      admission as its member and shareholder with appropriate cost and penalty
                      on the society within a period of three months.
                      b)      The Hon’ble Court be pleased to exercise its writ jurisdiction under
                      Articles 226 and 227 of the Constitution of India by issuing appropriate writ,
                      direction to the Deputy Registrar and to the society to admit the Petitioner
                      from the date of its membership/transfer application as against from the date
                      of its managing committee resolution.
                      c)      The Hon’ble Court be pleased to exercise its writ jurisdiction under
                      Articles 226 and 227 of the Constitution of India by issuing appropriate writ,
                      direction in alternate for society to exercise its legal duty to call for Special
                      General Body Meeting and to pass appropriate resolution on the settlement
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         proposal of the Petitioner to end dispute between the Petitioner and the
         Society since August 2008.
         d)      The Hon’ble Court be pleased to exercise its writ jurisdiction under
         Articles 226 and 227 of the Constitution of India by issuing appropriate writ,
         direction and order of stay on the recovery application filed by the society and
         the Deputy Registrar orders dated 27/02/2015 and 14/01/2026 on such
         applications.”


         Thus, the Petition does not challenge any specific order.


2.       Prayer clause (a) is for issuing a direction to the Deputy Registrar
for deciding maintenance dues of the Petitioner during the period from 1
April 2010 to 30 April 2023. I am afraid, such direction cannot be issued
in absence of any remedy to that effect in the Maharashtra Co-operative
Societies Act, 1960 (MCS Act). As and when Society files proceedings for
recovery of dues, Petitioner can raise all defences in relation to the
maintenance charges for the period 1 April 2010 to 30 April 2023. This
Court cannot issue a direction to the Deputy Registrar to compute the
maintenance dues as prayed for in prayer clause (a) of the Petition.


3.       In prayer clause (b), the Petitioner has prayed for his admission to
the membership of the Society from the date of transfer application and
not from the date of Managing Committee Resolution. If Petitioner is
aggrieved by the date from which membership is granted, he can adopt
necessary remedies in that regard. Without filing any proceedings
questioning grant of membership from the date of Resolution, this Court
cannot direct Registrar to admit Petitioner from the date of transfer
application.



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                         4.       So far as prayer clause (c) is concerned, the Petitioner has prayed
                         for calling of Special General Body Meeting and for adoption of
                         appropriate Resolution on settlement proposal of the Petitioner. This
                         prayer again cannot be granted by this Court. Court cannot force the
                         Society to accept the settlement proposal. It is for the Society to take
                         decision in that regard. If Petitioner wants convening of Special General
                         Body Meeting, he needs to follow the procedure for the same.


                         5.       In prayer clause (d), the Petitioner has sought stay on recovery
                         application filed by the Society and on Deputy Registrar’s order dated 27
                         May 2015 and 14 January 2026. The recovery proceedings are still
                         pending. Therefore, there is no question of staying the recovery
                         proceedings. Petitioner can raise all objections in the said recovery
                         proceedings.


                         6.       Therefore, the Petition cannot be entertained nor any reliefs can
                         be granted in favour of the Petitioner. Leaving open all the issues raised
                         in the Petition as well as remedies in respect thereof, Writ Petition is
                         disposed of.


                                                                                  (SANDEEP V. MARNE, J.)




                          katkam
Signed by: Sudarshan R. Katkam                                  Page No. 3 of 3
Designation: PS To Honourable Judge
Date: 07/09/2026 12:15:49