Prabhu Co-Op Hs Society Ltd. v. Aarti Naresh Thankar and Anr.
Co-operative law – Membership
Case brief
What is this about?
Bombay High Court, Writ Petition No.9998 of 2024, Prabhu Cooperative Housing Society Ltd. v. Aarti Naresh Thankar & Anr., decided 11 November 2025 by Amit Borkar, J. Membership under the MCS Act cannot be refused where a share certificate was issued to the predecessor-in-title and title passed by registered instrument (S.23 read with bye-laws); pendency of S.35 MCS Act proceedings is no bar to admission of an otherwise eligible member. Petition disposed of, no costs.
What did the court decide?
Where a share certificate has been issued in favour of the predecessor-in-title of respondent No.1, and the predecessor-in-title has transferred his right, title and interest in the premises to respondent No.1 by a registered instrument, the society cannot deny membership to respondent No.1 on the ground that the structure was not in existence at the time of the membership application.