Noor Kabirdin Meghani v. The Deputy Registrar C.S. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition No. 13805 of 2025 Mrs. Noor Kabirdin Meghani ...

Petitioner V/s.

The Deputy Registrar, C.S., 'H West' Ward, Mumbai and others ...

Respondents.

Mr. Harish R. Pawar a/w. Shivam S. Gawde, Advocate for the Petitioner.

Ms. Dhruti Kapadia, AGP for the State.

Digitally signed by LATA SUNIL PANJWANI Date:

2026.01.07 11:54:43 +0530 LATA SUNIL PANJWANI CORAM : M.S. KARNIK & S.M. MODAK, JJ.

DATE : 5th January 2026.

P.C. :

Heard Mr. Pawar, the learned counsel appearing for the Petitioner and Ms. Kapaadia, the learned AGP appearing for the State.

2.

The learned AGP has placed on record a copy of the affidavitin-reply duly affirmed by the Dy. Registrar, Co-operative Society, 1 /3

H/West Ward, Mumbai on behalf of Respondent No.1. In Para No.3 it is stated as under:

"3. I say and submit that, it is pertinent to note that on their reply which answers the issues of membership and the transfers done by the Society, is explained. Therefore, after this response, these Respondents have taken no further action as on date. No dismissal order has been passed. This Respondent is ready and willing to pass order on dismissal of complaint, but since this matter sub-judice before this Hon'ble Court as on date, these Respondents will follow directions of this Hon'ble Court as deemed fit by this Hon'ble Court."

4.

In such view of the matter, the apprehension expressed by the Petitioner in the petition is unfounded. We appreciate the stance of Respondent No.1 in properly appreciating the controversy involved in the present petition. In any case, as action has been taken, the Petitioner's grievance to that extent stands ventilated. However, should the Respondent No.1 decide initiating any action on the basis of the complaint made, undoubtedly, Respondent No.1 will afford an opportunity of hearing to the Petitioner who says that he has purchased the flat in the said Society pursuant to a registered sale deed from the erstwhile member. Any adverse order passed must satisfy the test of principles of natural justice. 2 /3

5.

In such view of the matter, nothing survives for consideration in the present petition. The present petition stands disposed of. (S.M. MODAK, J.) (M.S.KARNIK, J.) 3 /3