Vijay B. Kandhari v. Divisional Jt Registrar of Soc. Mumbai Division and Ors.
Case brief
What is this about?
Single-judge writ decision (Amit Borkar, J., High Court of Judicature at Bombay, 3 December 2025) on cooperative housing society membership under Section 23(2) of the Maharashtra Cooperative Societies Act, 1960. Flat purchaser (Vijay B. Kandhari) denied membership by the society over alleged commercial use of the residential flat; his Section 23(2) appeal was allowed, but the Divisional Joint Registrar's revision set aside the membership order. Dispute resolved by the petitioner's court undertaking to use the flat for residential purposes only (marked 'X'); Court held there was then no impediment to conferment of membership; rule made absolute in terms of prayer clause (b); petition disposed of without costs.
What did the court decide?
Rule made absolute in terms of prayer clause (b); petitioner's undertaking not to use the flat for any commercial or non-residential purpose accepted (marked 'X' for identification); no order as to costs.