V Mathai Easo v. the District Deputy Registrar Cooperative Society and Ors.
Case brief
What is this about?
Maintenance charges versus delivery of possession in a society redevelopment dispute; scope of recovery proceedings under Section 154B-29, Maharashtra Cooperative Societies Act 1960; twin foundational tests — promoter's readiness to hand over possession and member's reasonable efforts to obtain it; no maintenance liability for the period possession was withheld by the developer where the member bona fide pursued possession and sought civil-court relief; liability dates from proven promoter-willingness refused by the member; orders set aside for non-application of mind and matter remanded to respondent No.2 for fresh, reasoned adjudication. Bombay High Court, Amit Borkar J., Writ Petition No.6682 of 2024, decided 3 December 2025.
What did the court decide?
Orders of both authorities set aside; matter remitted to respondent No.2 for fresh consideration in accordance with law; parties directed to remain present before respondent No.2 on 15 December 2025 (treated as date of first appearance); respondent No.2 to grant reasonable opportunity to produce material and pass a reasoned order within three months from the date the parties appear; no costs.