Yashwant Somchand Dalal v. Silver Apt. Chsl And ORS

13-ia-208-2026.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.208 OF 2026 WITH INTERIM APPLICATION NO.209 OF 2026 Digitally signed by SHABNOOR AYUB PATHAN Date:

2026.01.20 14:57:07 +0530 IN WRIT PETITION NO.2115 OF 2019 SHABNOOR AYUB PATHAN Yashwant Somchand Dalal ... Applicant In the matter Silver Builders & Ors.

... Petitioners V/s.

Silver Apartments Cooperative Housing Society Ltd. & Ors.

... Respondents Mr. Pramod N. Vora, i/b Pramodkumar & Co., for the Petitioner.

Pavitra Manesh i/b M. S. Topkar, for Respondent No.1. Mr. Vijay Vasant Nene, for Respondent No.16.

Mr. Yashwant S. Dalal, applicant-in-person is present in IAs.

CORAM

: AMIT BORKAR, J.

DATED : JANUARY 20, 2026 P.C.:

1.

The applications have been filed by person claiming to be member of the society pursuant to the order passed in the writ petition, which pertains to issues of title, deemed conveyance, land records, and redevelopment rights in respect of the society property. Once a person becomes a member of a cooperative society, any right claimed by such person can only be through the

13-ia-208-2026.doc society. This principle has been authoritatively laid down in Daman Singh & Ors. v. State of Punjab & Ors., (1985) 2 SCC 670, and has thereafter been consistently followed by this Court. 2.

Moreover, having regard to the scope of the proceedings, the dispute is essentially inter se between the society, the purchaser/owner, and the developer. An individual member of the society has no independent locus to intervene or maintain the present applications.

3.

Accordingly, the applications are rejected.

(AMIT BORKAR, J.)