Bombay High Court
NIDHI KASHYAPversusTHE CHAIRMAN / SECRETARY OSHIWARA GREEN VIEW CO-OPERATIVE HOUSING SOCIETY LTD. AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The writ petition is dismissed and the petitioner is directed to file a revision under Section 154 of the Maharashtra Co-operative Societies Act.
Summary
The petitioner, Nidhi Kashyap, challenged an order dated 1 April 2026 issued by the Deputy Registrar of Co-operative Societies granting a certificate under Section 154B-29 of the Maharashtra Co-operative Societies Act, 1960. The High Court examined whether the writ petition was the appropriate remedy, noting that a revision under Section 154 of the same Act is the correct avenue. The Court declined to entertain the writ petition and directed the petitioner to file a revision application, stating that the time spent on the petition would be excluded from the limitation period for the revision. All substantive contentions of the parties were left open for determination in the revision proceedings. Consequently, the writ petition was disposed of.
Issues considered
- Whether the writ petition challenging the certificate order is maintainable under the MCS Act
- Whether the appropriate remedy is a revision under Section 154 of the MCS Act
Legislation cited
- Maharashtra Co-operative Societies Act, 1960 — s. 154, 154B-29
Subjects
- writ petition
- co-operative societies
- revision
- limitation period
- Section 154
- Section 154B-29
- High Court of Bombay
Judgment
Sonali Mane 907-WP-8191-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8191 OF 2026
Nidhi Kashyap … Petitioner
Versus
The Chairman / Secretary Oshiwara
Green View Co-Operative
Housing Society Ltd. And Ors … Respondents
Mr. Dushyant S. Pagare for Petitioner.
Mr. Mosin Naik a/w Mr. Aaron Dias i/b Mr. Satish Muley Respondent
No.1.
Mr. Y. D. Patil, AGP for Respondent-State.
CORAM : SANDEEP V. MARNE, J.
DATE : 18 SEPTEMBER 2026.
P.C. :
1) The Petition challenges Order dated 1 April 2026 passed by
the Deputy Registrar, Co-operative Societies issuing certificate under
Section 154B-29 of the Maharashtra Co-operative Societies Act, 1960
(in short, the “MCS Act”). There is a remedy of filing revision under
Section 154 of the MCS Act against the impugned order.
2) In that view of the matter, this Court is not inclined to
Digitally
signed by
entertain the present Petition. Petitioner would be at liberty to file
MANE
MANE SONALI
SONALI DILIP
DILIP Date:
2026.09.19
12:09:32
+0530 ___Page No.1 of 2___
18 September 2026
Sonali Mane 907-WP-8191-2026.docx
revision against the impugned Order dated 1 April 2026. The time spent
in prosecuting the Petition shall be excluded while computing the
period of limitation for filing the revision application.
3) All contention of the parties on merits are expressly kept
open. The Writ Petition is disposed of.
[SANDEEP V. MARNE, J.]
___Page No.2 of 2___
18 September 2026
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.