Bombay High Court
Shri Brijlal M. Ahuja vs Bandra Trilok Co-Op. Hsg. Soc. ... on 3 February, 2004
Equivalent citations: (2004) 106 BOMLR 264
Author: R Khandeparkar
Bench: R Khandeparkar
JUDGMENT
R.M.S. Khandeparkar, J.
1. Heard the learned Advocates for the parties. Perused the records. Rule. By consent, the rule is made returnable forthwith and taken up for hearing.
2. Bare perusal of the orders passed by the lower authorities discloses that the Deputy Registrar, Co-operative Societies by his order dated 8.1.2001 had allowed the application filed by the petitioner on the ground that he had become deemed member in respect of Shop Nos. 8, 9 and 10 in accordance with the provision of Section 22(2) of the Maharashtra Co-operative Societies Act, 1960, hereinafter referred to as "the said Act". It is apparent that the Revisional Authority has interferred with the said order on totally extraneous grounds, without addressing itself to the said issue regarding deemed membership. The learned Advocate for the respondent No. 1 Society has stated that in terms of the provisions of law by which the Society is governed, membership is available only in relation to the flats while the garages are enjoyed as additional facilities for such members occupying the flats, and on that count no fault can be found with the orders passed by the Lower Authorities. However, the fact remains that the deemed membership was upheld in terms of the provision of Section 22(2) of the said Act and the Revisional Authority, without addressing itself to the said issue, sought to interfere with the said order on totally extraneous grounds, such a proceeding is not permissible for the Revisional Authority. It is not to say that the Revisional Authority cannot consider the matter on a ground in addition to the ground which has been decided by the Lower Authority. However, before proceeding to consider additional ground, it is necessary for the Revisional Authority to apply its mind to the issues based on which the Lower Authority has decided the matter and if it finds that the answers to the issues by the Lower Authority are contrary to law and/or not borne out from the records, certainly the Revisional Authority can proceed to deal with the other issues also. However, it is not permissible for the Revisional Authority to interfere with the order of the Lower Authority without considering the] issues on which the Lower Authority has decided the matter. Viewed from this angle, the order passed by the Revisional Authority cannot be sustained and is liable to be quashed and set aside and the matter remanded to the Revisional Authority i.e., the Divisional Joint Registrar, for Cooperative Societies (Appeal), Mumbai to deal with the Revisional Application No. 122 of 2001, in accordance with the provisions of law and bearing in mind the observations hereinabove, afresh, after hearing the parties. It is made clear that this Court has not expressed any opinion on any of the issues sought to be raised in the matter by either of the parties. The Revisional Authority to dispose of the matter within a period of twelve weeks from the receipt of the writ of this Court, after hearing the parties. The rule is made absolute accordingly with no order as to costs.
3. All concerned to act on the ordinary copy of this order duly authenticated by the Associate/P.S. of this Court as a true copy.
