Bombay High Court
SIND CO-OPERATIVE HOUSING SOCIETY LTD.versusDIVISIONAL JOINT REGISTRAR CO-OPERATIVE SOCIETIES, PUNE AND ORS
- Decided
- Disposal
- Disposed Off
- Bench
- SANDEEP V MARNE
Holding
The petition is dismissed as there is no substantive dispute; the society will issue the required No‑Objection Certificates once the necessary documents and formalities are completed.
Summary
The Sind Co‑Operative Housing Society filed a writ petition challenging an order of the Divisional Joint Registrar that directed it to issue No‑Objection Certificates (NOCs) for the assignment of leasehold rights in Plot No. 524. The plot had been jointly leased to Respondent No. 3 and Respondent No. 5, and Respondent No. 4 had purchased leasehold rights from Respondent No. 5 via an unregistered assignment deed, leading the society to withhold entry of Respondent No. 4 in its membership register. The petitioner’s counsel stated that the society has no objection to issuing NOCs when the lessee proposes an assignment, subject to completion of required formalities. The court observed that the lessee (Respondent No. 3) is seeking a new purchaser and that the society will issue the NOC once the appropriate documents are submitted, and similarly for the transaction involving Respondents 4A, 4B and 5. Since the parties have agreed to comply with procedural requirements and no substantive dispute remains, the court disposed of the petition.
Issues considered
- What is the extent of the society’s obligation to issue a No‑Objection Certificate for the assignment of leasehold rights when the underlying assignment deed is unregistered?
- Whether the writ petition remains maintainable when the parties have agreed to fulfill the requisite formalities for registration and entry in the membership register.
Legislation cited
- Maharashtra Co-operative Societies Act, 1960 — s. 154B(3)
Subjects
- co-operative societies
- leasehold rights
- assignment deed
- no objection certificate
- registration
- membership register
- civil writ petition
Judgment
2026:BHC-AS:31697
Renuka 905-WP-8359-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8359 OF 2026
Sind Co-Operative Housing Society ...Petitioner
Ltd.
V/s.
Divisional Joint Registrar Co-Operative ...Respondents
Societies, Pune and Ors
________________
Ms. Shruti Tulpule for Petitioner.
Mr. Tejas D. Deshmukh i/b Mr. Onkar Somvanshi for Respondent No. 3.
Mr. Deepak Deshmukh with ms. Rashmi Shetty for Respondent No. 4A,
4B and 5.
Ms. D. S. Deshmukh, AGP for Respondent-state.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 31 JULY 2026.
P.C.:
1) By this Petition, Petitioner-society is aggrieved by order
dated 19 May 2026 passed by the Divisional Joint Registrar dismissing
Appeal No. 107 of 2024 and conArming the order of the Deputy Registrar
dated 26 August 2024 passed in exercise of powers under Section 154 B
27 (3) of the Maharashtra Co-operative Societies Act, 1960 (MCS Act).
The Deputy Registrar has directed the Petitioner-society to issue No
Objection CertiAcate to Respondent Nos. 3 and 4 for the purpose of
assignment of Plot No. 524. The society is further directed to register
lease deed in favour of Respondent Nos. 3 and 4.
Page No.1 of 3
31 JULY 2026
Renuka 905-WP-8359-2026.docx
2) It appears that Plot No. 524 has been jointly leased out to
Respondent No. 3-Smt. Vasudha Arvind Dani and Mr. Jawahar Birdichand
Bhandari (Respondent No. 5). Respondent No. 4-Anuradha Arvind
Gandhi has apparently purchased joint leasehold rights in respect of Plot
No. 524 from Jawahar Birdichand Bhandari vide Assignment Deed dated
16 December 1992. However, the society has apparently not entered the
name of Respondent No. 4 in the membership register possibly on
account of Jawahar Birdichand Bhandari not submitting necessary forms
and documents for such. One of the reasons for society for not taking
cognizance of transaction between Respondent Nos. 4 and 5 is non-
registration of the Deed of Assignment.
3) As the hearing of the Petition progressed, Ms. Tulpule, the
learned counsel appearing for the Petitioner has fairly submitted that the
Petitioner-society has no objection to issue No Objection CertiAcate as
and when Respondent No. 3 proposes to assign her leasehold rights.
4) It appears that Respondent No. 3 had proposed to assign
the leasehold rights to one Mr. Girish Avhad. However Mr. Deshmukh, the
learned counsel appearing for Respondent No. 3 submits that Mr. Avhad
has now backout of the transaction and that Respondent No. 3 is looking
for another purchaser. The original afAdavit on behalf of the Respondent
No. 3 be accepted by the registry. Ms. Tulpule Submits that as and when
Respondent No. 3 proposes to assign her leasehold rights to a
prospective purchaser, the Petitioner-society shall issue the necessary
No objection CertiAcate subject to completion of all the requisite
formalities.
Page No.2 of 3
31 JULY 2026
Renuka 905-WP-8359-2026.docx
5) So far as transaction between Respondent Nos. 4 and 5 is
concerned, it appears that the society had reservations about taking note
of the said transaction in its records on account of absence of any
communication from the joint lessee-Respondent No. 5. The Respondent
No. 5 has now Aled an afAdavit conArming execution of the Assignment
dated 16 December 1992. He has also expressed no objection for transfer
of leasehold rights in the name of Respondent No. 4A and 4B, who are
the legal heirs of deceased-Respondent No. 4. Taking note of this
development, Ms. Tulpule has submitted that once the necessary forms
are submitted with the society duly signed by Respondent Nos. 4A, 4B
and Respondent No. 5, the society shall issue the requisite No Objection
CertiAcate and shall also take note of joint lease executed in favour of
Respondent Nos. 4 and 5 in its records. The learned counsel appearing
for Respondent Nos. 4A, 4B and 5, on instructions, submits that
necessary document for the purpose of registration of transaction of
Assignment dated 16 December 1992 shall duly be executed and
presented before the society. Ms. Deshmukh, on instructions, submits
that in her capacity of a joint lessee, Respondent No. 3 shall co-operate
with Respondent Nos. 4A, 4B and 5 for the purpose of execution of the
necessary documents. In view of the above development, nothing
survives to be adjudicated in the Petition.
6) Writ Petition is accordingly disposed of.
[SANDEEP V. MARNE, J.]
Signed by: Renuka S Thakur
Page No.3 of 3
Designation: PA To Honourable Judge 31 JULY 2026
Date: 01/08/2026 16:52:15
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