Mrs. Kamlesh Vaswani v. Belair Co-Operative Housing Society Ltd And ORS

3-ia-138-2022.doc SA Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.138 OF 2022 IN WRIT PETITION NO.359 OF 2022 Kamlesh Vaswani In the matter between Belair Co-operative Housing Society Ltd.

... Petitioner V/s.

The Divisional Joint Registrar Cooperative Societies, Mumbai Division & Ors ... Respondents Mr. Arshil Shah a/w Ms. Pratiksha Koshe, for Petitioner. Mr. Sanjay D. Rayrikar, AGP for State/Respondent Nos.1 & 2.

Mr. Surel S. Shah a/w Mr. Parimal Shroff & D. V. Deokar & D. Parikh i/by Parimal K. Shroff & Co., for Respondent No.3 & for Applicant in IA.

Mr. Rubin Vakil a/w Mr. Chinmay Mehta i/by R.V.J. Accociates, for Applicant in IA.

CORAM

: AMIT BORKAR, J.

DATED : JANUARY 10, 2024 P.C.:

1.

The applicant claims to the member of property in dispute. According to him, he never transferred title in favour of Mrs. Chand Narain Bhojwani. Therefore, according to him, he is necessary party to the present writ petition.

3-ia-138-2022.doc 2.

The parameters for treating the person as necessary party is well settled. The party can be termed as necessary party without whose presence, there cannot be effective order or decree in the proceedings. In the facts of the case, the scope of the writ petition is to scrutinize validity of order passed by the authorities below. The validity of the order can be ascertained without joining the applicant as a party to the writ petition. Hence, the applicant cannot be termed as necessary party. Therefore, the interim application is rejected.

(AMIT BORKAR, J.)