The Ghatkopar Shanti Co-Op. Hsg Society Ltd. v. Dipti Hasmukh Desai and Anr.
Case brief
What is this about?
The Ghatkopar Shanti CHS Ltd. v. Dr. Dipti Hasmukh Desai & Anr.; WRIT PETITION NO. 7027 OF 2025; High Court of Judicature at Bombay; N. J. Jamadar, J.; decided 14 July 2025; Maharashtra Cooperative Societies Act, 1960, Sections 22 and 22(2); co-operative society membership; refusal to admit member; direction to transfer share certificate for Flat No.13 and Garage-B; area dispute 615 sq. ft. vs 380 sq. ft.; Divisional Joint Registrar, Co-operative Societies, Mumbai; Revision Application No.6 of 2024; Deputy Registrar order dated 7th November 2023; title and exact area beyond Section 22 inquiry; Harish Commercial Premises Cooperative Society Ltd. 2006(2) All MR 1; Usha Jhaveri WP/659/2011; petition dismissed with clarification preserving area adjudication.
What did the court decide?
Where a Society refuses to admit a person as a member, under Section 22 of the MCS Act, 1960 the Society can only be directed to admit such person as its member; the question of title, or the exact area of the subject premises, is beyond the remit of the inquiry envisaged by Section 22 of the MCS Act, 1960.