Chandresh K Shah v. Pant Nagar Shanti Nivas Chs Ltd

2025:BHC-AS:27495 32 wp 8752 of 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8752 OF 2025 Chandresh K. Shah ...

Petitioner versus Pant Nagar Shanti Nivas Co-op.

Hsg. Soc. Ltd.

...

Respondent Mr. Chandresh K. Shah, Petitioner in person present. CORAM: N.J.JAMADAR, J.

DATE :

7 JULY 2025 P.C.

1.

Heard the Petitioner appearing in person.

2.

The challenge in this Petition is to a judgment and order dated 3 May 2025 passed by the learned Member, Co-operative Appellate Court, Mumbai, whereby the Appeal preferred by the Petitioner against the order passed by the learned Judge, Co-operative Court in Dispute No.CC/II/311 of 2023 rejecting the application for temporary injunction (Exh.4), came to be dismissed by affirming the said order.

3.

Learned Judge, Co-operative Court and the learned Member, Appellate Court have noted that out of 32 members of the society, 29 members have passed a resolution and executed the documents to appoint the developer and entered into development agreement.

4.

It is trite that once a person becomes a member of a co-operative Society, it is the Society through which the individual member can speak and SSP 1/2

32 wp 8752 of 2025.doc the individual member looses his identity and he has no independent rights except those given to him by the statute and bye-laws. (Daman Singh V/s. State of Punjab1).

5.

The Courts below have exercised discretion in accordance with the principles of law. Thus in exercise of supervisory jurisdiction, no interference is warranted in the impugned order.

6.

The Writ Petition stands dismissed.

( N.J.JAMADAR, J. ) (1985) 2 SCC 670 SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 08/07/2025 15:06:34