Ashwin Nathubhai Mistry and Ors. vs the State of Maharashtra Thr Govt Pleader and Ors. — Bombay HC (2025) — LawSathi Research

Ashwin Nathubhai Mistry and Ors. vs the State of Maharashtra Thr Govt Pleader and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition stands disposed of. The rejection of the application for Certificate of Unilateral Deemed Conveyance was upheld as justified during the subsistence of the Co-operative Court's restraint, with a clarification that the impugned order is not on the merits and does not preclude a fresh application; liberty effectively reserved to file a fresh application if the embargo is lifted, and the Co-operative Appellate Court was requested to decide Appeal No. M.A. No. 10/2023 as expeditiously as possible.

Issue for consideration

Whether the order dated 31st March, 2023 of the Deputy Registrar, Co-Operative Societies and Competent Authority rejecting the application for grant of a Certificate of Unilateral Deemed Conveyance, on the ground that the resolution dated 5th February, 2022 stood stayed by the Co-operative Court in Dispute No. CC/IV/466/2022 by order dated 30th September, 2022, is sustainable.

Court's answer

As the Petitioners were restrained from acting upon the resolution passed in the meeting dated 5th February, 2022, wherein the decision was taken to file an application for grant of Certificate of Unilateral Deemed Conveyance, the Competent Authority was justified in rejecting the application on that count.

Ratio / Principle

In the event the Petitioners succeed in the Appeal against the order dated 30th September, 2022 before the Co-operative Appellate Court, or any order removing the embargo on acting upon the resolutions dated 5th February, 2022 is passed, the Petitioners will be entitled to file a fresh application before the Competent Authority for grant of Unilateral Deemed Conveyance Certificate.

Key takeaways

It is clarified that the impugned order was not passed by the Competent Authority on the merits of the matter and therefore would not preclude the Petitioners from filing a fresh application.ratio¶21

Detailed headnote1 paragraphs

Writ Petition (Bombay HC, N. J. Jamadar, J.) challenging order dated 31.03.2023 of the Deputy Registrar, Co-Operative Societies and Competent Authority rejecting the society members' application for a Certificate of Unilateral Deemed Conveyance because the resolution dated 05.02.2022 authorising such application had been stayed by the Co-operative Court in Dispute No. CC/IV/466/2022 (interim order dated 30.09.2022 restraining opponents Nos. 1 to 8 from implementing the special-meeting decision). HELD: with the restraint operating, the Competent Authority was justified in rejecting the application on that count; however, the impugned order was expressly not on the merits and would not preclude a fresh application. If the Petitioners succeed in Appeal No. M.A. No. 10/2023 against the interim order, or any court/authority removes the embargo on acting upon the 05.02.2022 resolutions, they may file a fresh application for the Unilateral Deemed Conveyance Certificate. The Co-operative Appellate Court was requested to decide M.A. No. 10/2023 expeditiously. Petition disposed of (order dated 15.12.2025).

21-WP-15867-2025-DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICITION

WRIT PETITION NO. 15867 Of 2025

Mr. Ashwin Nathubhai Mistry And Ors ...Petitioners Versus

The State Of Maharashtra And Ors ...Respondents

Mr. Mukesh Mishra a/w Mr. Upadhaya, i/b of M M Law Associates for the Petitioner

Ms. Kavita N. Solunke, Addl. GP a/w S. L. Babar, AGP For the State.

Coram: N. J. Jamadar, J. Date: 15^th December, 2025

Oral Order :

Heard the Learned Counsel for the Petitioner.

The challenge in this petition is to an Order dated 31^st March, 2023 whereby, the Deputy Registrar, Co-Operative Societies and Competent Authority rejected an Application preferred by the Petitioner for grant of a Certificate of Unilateral Deemed Conveyance on the ground that the resolution dated 5^th February, 2022 came

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to be stayed by the Co-Operative Court in Dispute No. CC/IV/466/2022 by the order dated 30^th September, 2022.

By the said Order, the learned Judge, Co-operative Court, has restrained opponent No. 1 to 8 therein, the Petitioners herein, from acting and/or from implementing the decision shown to have been taken in special meeting dated 5^th February, 2022 till the decision of the said dispute.

The learned Counsel for the Petitioner submitted that the Petitioners have assailed the said Interim Order before the Appellate Court.

As the petitioners have been restrained from acting upon the resolution passed in the meeting dated 5^th february, 2022, wherein the decision was taken to file an application for grant of Certificate of Unilateral Deemed Conveyance, the Competent Authority was justified in rejecting the application on that count. In the event, the Petitioner succeeds in the Appeal against the said Order dated

30^th September, 2022 before the Co-operative Appellate Court or any Order is passed by any Court or Authority which removes the embargo on the petitioners

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acting upon the resolutions passed in the meeting dated 5^th February, 2022, the Petitioners will be entitled to

file a fresh application before the Competent Authority for grant of Unilateral Deemed Conveyance Certificate.

In any event, it is clarified that the Impugned Order has not been passed by the Competent Authority on the merits of the matter and, therefore, the impugned order would not preculde the Petitioners from filing a fresh application.

The Co-Operative Appellate Court is requested to hear and decide the Appeal No. M.A. No. 10/2023 as expeditiously as possible.

Petition stands disposed of.

[N. J. JAMADAR, J.]

Arjun

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