A-1 Co Op. Hsg Soc. Ltd Through Secretary v. The State Of Maharashtra Through Registrar And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5173 OF 2025 A-1 Co-operative Housing Society Ltd.

.. Petitioner Vs.

The State of Maharashtra, Through the Assistant Registrar, Co-operative Society (CIDCO) and Ors.

.. Respondents Dr. Uday P. Warunjikar with Mr. Hrishikesh Nabar, i/by Mr. Sumit Kate, Advocates for the Petitioner.

Smt. Ashwini A. Purav, Assistant Government Pleader for Respondent No.1.

CORAM : A.S. CHANDURKAR & M.M. SATHAYE, JJ DATE : 24TH APRIL 2025.

P.C. :

1.

One of the contentions urged by the learned counsel for the petitioner-Society is that in the Special General Body Meeting of the Cooperative Housing Society held on 15th December 2024, a resolution was passed proposing to appoint a Developer to undertake the exercise of redevelopment. On the basis of complaint made by about fourteen members on 19th December 2024 as well as a grievance raised by a Developer on 3rd January 2025, the Assistant Registrar of Co-operative Societies has undertaken adjudication of these aspects and has held that fresh process for appointing a Developer be undertaken. It is urged that there is no such jurisdiction conferred on the Assistant Registrar to 1/2 Digitally signed by SNEHA ABHAY DIXIT Date:

2025.04.25 15:05:28 +0530 Dixit SNEHA ABHAY DIXIT 7-WP-5173-2025.doc

undertake such exercise.

2.

Issue notice to the respondents, returnable on 19th June 2025. The learned Assistant Government Pleader waives notice for respondent no.1. Other respondents be duly served. In addition to court notice, service by registered/speed post with acknowledgment is permitted. Affidavit of service be filed before returnable date.

3.

Till next date, Respondent No. 1 - the Assistant Registrar, Cooperative Societies shall not take any further steps pursuant to the impugned communication.

[ M.M. SATHAYE, J. ] [ A.S. CHANDURKAR, J. ] 2/2 7-WP-5173-2025.doc Dixit