Mrudula Gordhandas Kapadia v. The Assistant Registrar, C.S. C Ward Mumbai
922-wp-13561-2025.doc Shabnoor
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13561 OF 2025 Digitally signed by SHABNOOR AYUB PATHAN Date:
2025.10.17 16:03:52 +0530 SHABNOOR AYUB PATHAN Mrudula Gordhandas Kapadia ... Petitioner V/s.
The Assistant Registrar, C.S.C. Ward Mumbai & Ors.
... Respondents Ms. Akansha Sazena i/b Namita M. Mestry, for the petitioner.
Smt. V. R. Raje, AGP for the State - respondent. Usha Tiwari a/w Vandana Tiwari, Mahima Sharma, for respondent Nos.2 to 5.
CORAM
: AMIT BORKAR, J.
DATED : OCTOBER 17, 2025 P.C.:
1.
The petitioner has challenged the order passed by the Registrar in the exercise of powers under Section 154B-29(1) of the Maharashtra Cooperative Societies Act, 1960. The main grievance of the petitioner is that she is not a member of the concerned society. It is contended that proceedings under the said provision cannot be initiated against a person who is not a member. The petitioner has further alleged that the document relied upon by the society to show her membership is fabricated and fraudulent. Determining such a disputed question of fact requires appreciation of evidence, which cannot be undertaken in the exercise of limited supervisory jurisdiction under Article 227 of the Constitution of India.
922-wp-13561-2025.doc 2.
In view of the above, it would not be proper for this Court to adjudicate the disputed question of fact regarding the petitioner's membership. Therefore, while keeping all questions of fact and law open, the petitioner is granted liberty to avail the statutory remedy of revision under Section 154 of the Maharashtra Cooperative Societies Act, 1960, before the competent revisional authority.
3.
The revisional authority shall consider all contentions raised by the petitioner and decide the revision in accordance with law. All issues raised in this petition are kept open to be agitated before the revisional authority.
(AMIT BORKAR, J.)