Bombay High Court
Acrynova Industries Private Limited ... vs The State Of Maharashtra Thr Honorable ... on 18 November, 2025
Author: Amit Borkar
Bench: Amit Borkar
2025:BHC-AS:49447
902-903-wp-15438-2025 with connected.doc
Shabnoor
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SHABNOOR
AYUB WRIT PETITION NO.15438 OF 2025
PATHAN
Digitally signed by
SHABNOOR AYUB
PATHAN
Date: 2025.11.18
15:24:50 +0530
Usha Kiran Cooperative Housing
Society Ltd. & Ors. ... Petitioners
V/s.
The State of Maharashtra & Ors. ... Respondents
WITH
WRIT PETITION NO.15517 OF 2025
Acrynova Industries Private Limited
& Anr. ... Petitioners
V/s.
The State of Maharashtra & Ors. ... Respondents
Mr. Bhushan Deshmukh a/w Aamir Alish Sheikh i/b
Ivory Legal, for the Petitioners.
Ms. SavinaR. Crasto, AGP, for Respondent Nos.1 to 3.
Ms. Rajani Kanojia a/w Vaibhavi P., Monish Bhatia,
Minal Chandanani, for Respondent No.4.
CORAM : AMIT BORKAR, J.
DATED : NOVEMBER 18, 2025
ORAL JUDGMENT:
1. Rule. Rule made returnable forthwith.
2. These petitions under Article 226 of the Constitution
question a direction issued by the Revisional Authority while
acting under Section 154 of the Maharashtra Cooperative Societies
Act, 1960. The Revisional Authority was considering a revision
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filed against an order passed by the Registrar under Section 146 of
the Act. During the revision, the Revisional Authority directed the
Secretary of the respondent Housing Society to produce several
documents. The limited issue in these petitions is whether such a
direction can be issued to the Secretary of a Housing Society in
exercise of revisional powers under Section 154. To answer this
issue, it becomes necessary to reproduce Section 154 of the Act,
which reads thus:
"154. Revisionary powers of State Government and Registrar.
-- (1) The State Government or the Registrar, suo motu or
on an application, may call for and examine the record of
any inquiry or proceedings of any matter, other than those
referred to in sub-section (9) of section 149, where any
decision or order has been passed by any subordinate officer,
and no appeal lies against such decision or order, for the
purpose of satisfying themselves as to the legality or
propriety of any such decision or order, and as to the
regularity of such proceedings. If, in any case, it appears to
the State Government, or the Registrar, that any decision or
order so called for should be modified, annulled or reversed,
the State Government or the Registrar, as the case may be,
may, after giving the person affected thereby an opportunity
of being heard, pass such orders thereon as to it or him may
seem just.
(2) Under this section, the revision shall lie to the State
Government if the decision or order is passed by the
Registrar, the Additional Registrar or a Joint Registrar, and to
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the Registrar if passed by any other officer.
(2A) No application for revision shall be entertained
against the recovery certificate issued by the Registrar under
section 101 3[or section 154B-29] unless the applicant
deposits with the concerned society, fifty per cent. amount of
the total 5[amount of recoverable dues. If the revision
application is allowed, the Revisional Authority may pass an
order directing the society to refund the amount so deposited
to the applicant:
Provided that, in case of such revision where revisional
authority has granted a stay to the recovery of dues, the
authority shall, as far as may be practicable, dispose of such
revision application as expeditiously as possible but not later
than six months from the date of the first order.
(3) No application for revision shall be entertained, if
made after two months of the date of communication of the
decision or order. The revisional authority may entertain any
such application made after such period, if the applicant
satisfies it that he had sufficient cause for not making the
application within such period.
(3A) The revisional authority, in order to prevent the
ends of justice being defeated, may pass such interim orders
including order of stay against the impugned order, pending
the decision and final hearing of the Revision Application :
Provided that, if any interim order has been passed by
the revisional authority without hearing the other side, the
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revisional authority shall decide such application within a
period of three months and pass the necessary order on
merits after giving an opportunity of being heard and for the
reasons to be recorded in writing.
(4) The State Government may, by order, direct that
the powers conferred on it by this section shall, in such
circumstances and under such conditions, if any, as may be
specified in the direction, be exercised also by an officer of
the rank of Secretary to Government."
3. A careful reading of sub-section (1) of Section 154 shows the
clear limits of the revisional power. The Legislature has permitted
interference only to examine whether the subordinate authority
acted within the law, followed proper procedure, and reached a
decision that is legal and proper. The power is corrective in nature.
It allows the Revisional Authority to modify, annul or reverse the
order under challenge. It does not authorise the Revisional
Authority to enter into matters that lie outside the record of the
subordinate authority. It does not permit the calling of documents
from a cooperative society such as membership registers, share
certificates, maintenance bills, vouchers, or audit papers. The
scheme of the statute keeps such matters outside the revisional
field because the revisional jurisdiction is not an original fact
finding jurisdiction.
4. The Act creates a separate and clear mechanism for a
member or an interested person who seeks access to documents of
the society. That right flows either from Section 32 of the Act or
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from sub-section (8) of Section 154B in case of a housing society.
When a person seeks such documents, he must first approach the
society. If the society refuses, he may then take recourse to the
Registrar who is empowered to enforce this statutory right. This
remedy is independent. It cannot be blended with the revisional
power.
5. When a revision is filed against an order passed under
Section 146, the Revisional Authority must confine itself to the
record that was before the Registrar. It cannot widen its
jurisdiction by calling for new material or by reopening issues that
were not before the original authority. Any such course would
defeat the structure of Section 154 and disturb the finality of the
subordinate authority's proceedings.
6. In these circumstances, the direction issued by the Revisional
Authority to the respondent society to produce documents, as
stated in clause (2) of the impugned order, cannot stand. It runs
contrary to the plain language of Section 154. It traverses beyond
jurisdiction. The Revisional Authority cannot test the legality of the
order passed under Section 146 on the basis of material that was
never placed before the Registrar. The law does not permit the
Revisional Authority to convert a limited revisional enquiry into a
roving enquiry.
7. For these reasons, the petitions merit acceptance. The
impugned order is quashed and set aside to the extent it directs
respondent No. 3 society to produce the documents mentioned in
clause (2).
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8. Rule is made absolute in terms of prayer clause (a).
9. The petitions stand disposed of in these terms. There shall be
no order as to costs.
10. It is clarified that setting aside of clause (2) of the impugned
order shall not affect the adjudication of the revision applications.
The Revisional Authority shall decide them on their own merits
and in accordance with law, without being influenced by the
earlier direction.
(AMIT BORKAR, J.)
