Bombay High Court
The Jeevan Sarita Co-Op Hou. Soc. Ltd. vs Rajesh Shripad Gangurde And Ors on 12 September, 2025
Author: Amit Borkar
Bench: Amit Borkar
2025:BHC-AS:38103
903-wp-9154-2023 with connected matters.doc
AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.9154 OF 2023
The Jeevan Sarita Cooperative Housing
Society Ltd. ... Petitioner
V/s.
Nandan Ravindranath Pradhan & Ors. ... Respondents
WITH
WRIT PETITION NO.9171 OF 2023
The Jeevan Sarita Cooperative Housing
Society Ltd. ... Petitioner
V/s.
Anju Rajesh Gangurde & Ors. ... Respondents
WITH
WRIT PETITION NO.9138 OF 2023
The Jeevan Sarita Cooperative Housing
Society Ltd. ... Petitioner
V/s.
Rajesh Shripad Gangurde & Ors. ... Respondents
WITH
WRIT PETITION NO.8723 OF 2023
The Jeevan Sarita Cooperative Housing
Society Ltd. ... Petitioner
V/s.
Vivek Anant Karve & Ors. ... Respondents
WITH
WRIT PETITION (ST) NO.5205 OF 2023
The Jeevan Sarita Cooperative Housing
Society Ltd. ... Petitioner
V/s.
Shreya Vishal Salvi & Ors. ... Respondents
WITH
WRIT PETITION NO.8710 OF 2023
1
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The Jeevan Sarita Cooperative Housing
Society Ltd. ... Petitioner
V/s.
Amit Prakash Bhosale & Anr. ... Respondents
WITH
WRIT PETITION NO.9178 OF 2023
The Jeevan Sarita Cooperative Housing
Society Ltd. ... Petitioner
V/s.
Rajan Narayan Sonkar & Ors. ... Respondents
WITH
WRIT PETITION NO.8852 OF 2023
The Jeevan Sarita Cooperative Housing
Society Ltd. ... Petitioner
V/s.
Ritesh Kalyanmal Goyal & Ors. ... Respondents
WITH
WRIT PETITION NO.8809 OF 2023
The Jeevan Sarita Cooperative Housing
Society Ltd. ... Petitioner
V/s.
Ninad Vichare & Ors. ... Respondents
WITH
WRIT PETITION NO.9122 OF 2023
The Jeevan Sarita Cooperative Housing
Society Ltd. ... Petitioner
V/s.
Milind Madhav Shahane & Ors. ... Respondents
WITH
WRIT PETITION NO.8856 OF 2023
The Jeevan Sarita Cooperative Housing
Society Ltd. ... Petitioner
V/s.
Sanjeev Harishchandra Pandit & Ors. ... Respondents
2
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WITH
WRIT PETITION NO.9046 OF 2023
The Jeevan Sarita Cooperative Housing
Society Ltd. ... Petitioner
V/s.
Snehprabha M. Parulkekar & Ors. ... Respondents
WITH
WRIT PETITION NO.9105 OF 2023
The Jeevan Sarita Cooperative Housing
Society Ltd. ... Petitioner
V/s.
Hasumati Pravin Panchal & Ors. ... Respondents
WITH
WRIT PETITION NO.8845 OF 2023
The Jeevan Sarita Cooperative Housing
Society Ltd. ... Petitioner
V/s.
Vaishali Vishnu Kadam & Ors. ... Respondents
WITH
WRIT PETITION NO.9042 OF 2023
The Jeevan Sarita Cooperative Housing
Society Ltd. ... Petitioner
V/s.
Purnima Aasher & Ors. ... Respondents
WITH
WRIT PETITION NO.9158 OF 2023
The Jeevan Sarita Cooperative Housing
Society Ltd. ... Petitioner
V/s.
Rutuja Divekar & Ors. ... Respondents
WITH
WRIT PETITION NO.8850 OF 2023
The Jeevan Sarita Cooperative Housing
Society Ltd. ... Petitioner
3
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V/s.
Geeta Dilip Samel & Ors. ... Respondents
Mr. Kunal Bhanage a/w Akshay Pawar for the
petitioners.
Mr. Nikhil J. a/w Mayank Vira i/b Samita Sawant
(through V.C.) for respondent No.3.
Ms. Ankita Lohia a/w Subhash Bane, Harsh
Ghangurde, Neha Bane, Krutika Dangatkar, Ankita
Nagpal for respondent Nos.1 and 2.
S. D. Chipade, AGP, for the State - respondent in
WP/9154/2023.
P. V. Nelson Rajan, AGP, for the State - respondent in
WP/9171/2023.
S. R. Crasto, AGP, for the State - respondent in
WP/9138/2023.
M. S. Srivastava, AGP, for the State - respondent in
WP/8723/2023.
CORAM : AMIT BORKAR, J.
DATED : SEPTEMBER 12, 2025
P.C.:
1. The facts and questions of law raised in all these writ
petitions are identical. Hence, all these writ petitions are being
disposed of by this common judgment.
2. The writ petitions are filed by the housing society
challenging the order passed by the Registrar, whereby
membership was directed to be conferred upon the purchasers of
flats from respondent No.3. The case of the petitioner-society is
that respondent Nos.1 and 2, who claim membership, are
903-wp-9154-2023 with connected matters.doc
purchasers through the developer. According to the petitioner-
society, unless the promoter complies with the obligations under
the development agreement, no purchaser is entitled to become a
member of the society. On this ground, the petitioner-society
refused to admit respondent Nos.1 and 2 as members.
3. Being aggrieved, respondent Nos.1 and 2 preferred appeals
before respondent No.5 under Section 23(2) of the Maharashtra
Cooperative Societies Act, 1960. By order dated 18 March 2021,
the Appellate Authority allowed the appeals and directed the
petitioner-society to grant membership to respondent Nos.1 and 2
within 15 days.
4. Challenging the said order, the petitioner-society filed
revision applications before respondent No.6. The Revisional
Authority, by the impugned order, dismissed the revisions. Hence,
the petitioner-society has approached this Court by filing the
present writ petitions.
5. Learned Advocate for the petitioner submitted that
respondent Nos.1 and 2 had not even applied for membership in
the prescribed form as required under the Rules. He submitted that
despite enjoying the amenities of the society, they have failed to
pay maintenance charges and statutory dues though demand was
made. He further submitted that the promoter, respondent No.3,
while executing agreements for sale in favour of respondent Nos.1
and 2, wrongfully retained rights in respect of open spaces, stilt
parking, and FSI which actually belong to the society. According to
him, this act is contrary to the development agreement executed
903-wp-9154-2023 with connected matters.doc
with the society. He also pointed out violation of clause 8(iv) of the
development agreement, which makes it clear that purchasers
cannot be admitted as members unless the promoter complies with
his contractual obligations. He therefore urged that the orders
directing admission of respondent Nos.1 and 2 to membership are
contrary to law.
6. Per contra, learned Advocate for respondent Nos.1 and 2
submitted that both purchasers had indeed applied for
membership in the prescribed form. He further submitted that
whatever amounts are claimed by the society towards arrears or
statutory dues will be deposited along with the membership
application. He contended that the provisions of the Maharashtra
Cooperative Societies Act, 1960 govern the right of purchasers to
claim membership. A clause in the development agreement
between the society and the promoter cannot take away the
statutory right of a purchaser to be admitted as a member.
Respondent Nos.1 and 2 are not parties to the development
agreement, and their rights cannot be made subject to conditions
contained therein.
7. Learned Advocate for respondent Nos.1 and 2 also fairly
submitted that the chart filed by the society, showing details of
arrears payable by the purchasers, may be taken on record.
Respondent Nos.1 and 2 undertake to file fresh applications in the
prescribed form under the Maharashtra Cooperative Societies
Rules, 1961 within two weeks from today, along with necessary
documents and with payment of the amounts indicated by the
society.
903-wp-9154-2023 with connected matters.doc
8. The chart submitted by the petitioner-society showing details
of arrears payable by respondent Nos.1 and 2 has been perused.
The same is taken on record and marked as 'X' for identification.
This will form the basis for determining the arrears to be cleared
by the purchasers before their claim for membership can be
considered.
9. Having considered the rival submissions, in my opinion, the
issue of grant of membership to a person in a cooperative society is
governed strictly by the provisions of the Maharashtra Cooperative
Societies Act, 1960, the Maharashtra Cooperative Societies Rules,
1961, and the Bye-laws of the concerned society. These provisions
form a complete code. What binds both the society and the
applicant is compliance with the statutory requirements,
particularly Rule 19 of the MCS Rules, 1961. Eligibility of a
purchaser to become a member must, therefore, be tested only on
the touchstone of these statutory provisions and not on any
external contractual arrangements.
10. As regards the contention of the petitioner-society that the
promoter has failed to comply with his obligations under clause
8(iv) of the development agreement, it is well settled that such
obligations can be enforced by the society directly against the
promoter. However, that clause cannot be used to curtail or restrict
the rights of flat purchasers who are not parties to the
development agreement. The statutory right of a purchaser to seek
membership cannot be made conditional upon the promoter
performing his obligations, particularly when such a clause travels
beyond the scope of the MCS Act, MCS Rules, and the Bye-laws.
903-wp-9154-2023 with connected matters.doc
Hence, this contention cannot be accepted while considering the
claim of respondent Nos.1 and 2 for membership.
11. Once respondent Nos.1 and 2 have agreed to clear the
arrears payable to the society as reflected in the chart marked 'X',
and have further agreed to apply in the prescribed form with
requisite documents, no legal impediment survives for admitting
them as members. In such a situation, I am of the opinion that the
writ petitions do not merit interference. The grievance of the
petitioner-society can be redressed by ensuring that the purchasers
comply with the statutory conditions and make good the arrears
before membership is granted.
12. Hence, the following order is passed:
a) All the writ petitions are dismissed;
b) Respondent Nos.1 and 2 in each writ petition shall file
fresh applications for membership as per Rule 19 of the
Maharashtra Cooperative Societies Rules, 1961, along with
necessary documents and demand drafts covering the arrears
of amounts specified in the chart marked 'X', within a period
of two weeks from today;
c) The petitioner-society shall admit respondent Nos.1
and 2 as members within four weeks from the date of receipt
of such applications.
13. All writ petitions stand disposed of in the above terms. There
shall be no order as to costs.
(AMIT BORKAR, J.)
