Saili Durgadas Acharya Vs Nandan Co-operative Housing Society Limited and Ors. (Bombay High Court)
Deputy Registrar’s Direction Cancelling Society Membership Set Aside as Without Jurisdiction under Section 79 MCS Act: Bombay HC
The Bombay High Court considered a writ petition challenging the order dated 16 May 2016 passed by the Deputy Registrar, Co-operative Societies, under Section 79(2) of the Maharashtra Co-operative Societies Act, 1960 (MCS Act). The Deputy Registrar had directed the housing society to cancel the petitioner’s membership and share certificate, restore water supply to the flat, and return the car parking space to Respondent No. 2.
The dispute concerned Flat No. A/4 in Nandan Co-operative Housing Society. The flat originally stood in the sole name of Balmukund Acharya. His brother, Dattakumar, was later added as a joint/nominal member in the society records in 1981. Balmukund objected to this inclusion and initiated proceedings before the Small Causes Court seeking Dattakumar’s eviction and deletion of his name from the society records. The litigation underwent multiple proceedings concerning jurisdiction. After Balmukund’s death in 2011 and his son’s death in 2012, the petitioner, being Balmukund’s granddaughter, applied for transfer of membership. The society transferred the membership to her and issued a duplicate share certificate on 21 October 2012. Subsequently, Dattakumar sought cancellation of the duplicate share certificate, restoration of water supply, and restoration of car parking before the Deputy Registrar, resulting in the impugned order dated 16 May 2016.
