Madhu Milan Co Op. Hsg. Soc. Ltd Thru. Chairman v. The Deputy Registrar Co Op. Soc. And ORS
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7269 OF 2025 WITH INTERIM APPLICATION NO. 12264 OF 2025 IN WRIT PETITION NO. 7269 OF 2025 WITH INTERIM APPLICATION NO. 12263 OF 2025 IN WRIT PETITION NO. 7269 OF 2025 WITH INTERIM APPLICATION NO. 12261 OF 2025 IN WRIT PETITION NO. 7269 OF 2025 Girish Patani & Anr
...Petitioner
Versus
The Deputy Registrar, Cooperative Societies, R/North Ward & Ors
...Respondents
SHEPHALI SANJAY MORMARE WITH WRIT PETITION NO. 11061 OF 2025 by SHEPHALI SANJAY MORMARE Date: 2025.10.08 19:51:52 +0530 WITH CONTEMPT PETITION (ST) N O. 30751 OF 2025 IN WRIT PETITION NO. 11061 OF 2025 WITH INTERIM APPLICATION NO. 12255 OF 2025 IN WRIT PETITION NO. 11061 OF 2025 WITH REVIEW PETITION NO. 163 OF 2025 IN
WRIT PETITION NO. 11061 OF 2025 Nemchand Korshi Bouva
...Petitioner
Versus
The State of Maharashtra through the Principal Secretary Department of Cooperation & Ors
...Respondents
WITH WRIT PETITION NO. 10806 OF 2025 WITH INTERIM APPLICATION NO. 12260 OF 2025 IN WRIT PETITION NO. 10806 OF 2025 WITH INTERIM APPLICATION NO. 12259 OF 2025 IN WRIT PETITION NO. 10806 OF 2025 WITH INTERIM APPLICATION NO. 12258 OF 2025 IN WRIT PETITION NO. 10806 OF 2025 WITH INTERIM APPLICATION NO. 12257 OF 2025 IN WRIT PETITION NO. 10806 OF 2025 Madhu Milan Coop Housing Society Ltd through Chariman
...Petitioner
Versus
The Deputy Registrar Cooperative Societies & Ors
...Respondents
Mr Drupad Patil, with Namit Pansare, for the Petitioners in WP/7269/2025.
Mr Swapnil Bangur, with Shrikant Seegarla, Hemang Raythattha, i/b RMG Law Associates, for the Petitioner in WP/10806/2025, for Respondent No. 5 in WP/7269/2025 &
for Respondent No. 4 in WP/11061/2025.
Mr Sanjay Jain, with Yogendra Rajgor & Dedhia, i/b Legal Chartered, for the Petitioner in WP/11061/2025, for Respondent No. 2 in WP/10806/2025 & WP/7269/2025 Mr NC Walimbe, Addl. GP with AA Alaspurkar, AGP, for the Respondent-State in WP/7269/2025.
Mr NC Walimbe, Addl. GP, with Ashwini A Purav, AGP, for Respondents Nos. 1 and 5-State in WP/10806/2025 and for the Respondent-State in WP/11061/2025.
Ms GR Raghuvanshi, AGP for the State in WP No.10806 of 2025. Mr Ankit Lohia with Dayanand Aahierey, i/b Dayanand Aahierey, for the Applicant in IA No.12258 of 2025.
Mr Mayur Khandeparkar with Sanjeel Kadam, Nitisha Lad, i/b Kadam and Company, for the Respondent No.3 in WP No.7269 of 2025, WP No.10806 of 2025 and WP No.11061 of 2025.
Mr Arun Mehta with Ms Skanda Rane i/b Akshar Laws, for the Respondent No.4 in WP No.7269 of 2025 and WP No.10806 of 2025.
Mr Prasad Avhad, for the Intervener in IA No.12263 of 2025. Mr Rajendra Pai, Senior Advocate with Meghna Gowalani i/b Meghna Ashok Gowalani, for the Intervenor in IA/12261/2025 and IA/12257/2025.
CORAM:
SUMAN SHYAM & MANJUSHA DESHPANDE, JJ.
DATED:
7TH OCTOBER 2025.
1.
Mr NC Walimbe, learned Additional GP appearing for Respondent No. 1-State has invited our attention to the documents placed on record so as to explain the steps taken by the society to hold the Special General Body Meeting of the Cooperative Society in terms order dated 22nd August 2025 passed by this Court. It appears that as per order of this Court a Competent Officer, for
supervising the Special General Body Meeting, has already been appointed by the jurisdictional Deputy Registrar on 1st October 2025 and the notice of the meeting has also been circulated amongst the members of the society. The meeting has been fixed on 9th November 2025. However, it has been alleged that there is some resentment amongst the members of the society as regards the manner in which the agenda items have been finalised. It is also alleged that relevant informations, including the credentials of the developers involved in this case have been deliberately withheld from the members so as to prevent them from taking an informed decision in the matter. Therefore, further directions from this Court have been prayed for in this regard. 2.
Since, we have already passed an order on 22nd August 2025 lying down, in no un-certain terms, the manner in which the Special General Body Meeting of the Society is to be held under the authority and supervision of a departmental Officer to be appointed for the purpose, and since such an officer has already been appointed, save and except issuing a clarification to the effect that the Special General Body Meeting ought to be convened under the authority and with the approval of the officer so appointed and the agenda of the meeting also to be finalised with his approval, we are not inclined to issue any further directions in the matter at this stage.
3.
Needless to mention herein that if any member of the Society is dissatisfied with the agenda items or with any other aspect of the matter, he or she will be at liberty to bring it to the notice of the official Observer, within two days from today, seeking
necessary rectification, if any, to be carried out in the matter of holding the Special General Body Meeting. It is made clear that if there is any change in the agenda items already notified, the same be communicated to all the members of the Society, within 48 hours.
4.
List these matters again on 12th November 2025, on which date, Mr Walimbe, learned Additional GP appearing for the State to produce a report of the appointed Officer, informing the outcome of the meeting, by furnishing a copy of the Resolution, if any, drawn in the meeting.
5.
List the matter again on 12th November 2025.
(MANJUSHA DESHPANDE, J.) (SUMAN SHYAM, J.) {