Nitin Nathuram Thombre v. State of Maharashtra Thr Dept of Coopetion and Ors.

Bombay HC27 Jan 2026WP/1015/2026

Case brief

AI extract

What is this about?

Bombay High Court (Amit Borkar, J.), Writ Petition No. 1015 of 2026, Nitin Nathuram Thombre v. State of Maharashtra and Others, decided 27-01-2026. Keywords: deemed conveyance; deed of conveyance application; members' list; omission of member's name; redevelopment; scope of deemed conveyance; Section 4 MOFA Act; rights of purchasers; remedy under Co-operative Societies Act / MCS Act; Competent Authority; writ petition disposed of without interference.

What did the court decide?

No relief in terms; petition disposed of without interfering with the deemed conveyance, with the petitioner's contentions kept open to be agitated before the Competent Authority under the MCS Act. ¶¶18

Nitin Nathuram Thombre vs State of Maharashtra Thr Dept of Coopetion and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No relief in terms; petition disposed of without interfering with the deemed conveyance, with the petitioner's contentions kept open to be agitated before the Competent Authority under the MCS Act.

¶¶18

Issue for consideration

Whether the petitioner, whose name does not figure in the members' list annexed to the deed of conveyance application, can challenge the deemed conveyance granted in favour of the society in a writ petition, or whether his remedy lies in proceedings under the Co-operative Societies Act.

¶¶13

Court's answer

Inclusion of members' names in the list along with the deed of conveyance application cannot be the subject matter of a deemed conveyance application.

¶¶14

Ratio / Principle

The scope of deemed conveyance is to ascertain that the rights conferred on purchasers as per Section 4 of the MOFA Act are enforced.

¶¶14

Key takeaways

If the petitioner's right as a member is affected, the appropriate remedy is to adopt appropriate proceedings under the provisions of the Co-operative Societies Act.ratio¶¶17
The writ petition challenging the validity of the deemed conveyance granted in favour of the society need not be interfered with; the petitioner's contentions are kept open to be agitated before the Competent Authority under the MCS Act by instituting appropriate proceedings.ratio¶¶17

Detailed headnote1 paragraphs

Deemed conveyance — MOFA, S. 4 — Petitioner claiming to be a member of respondent no. 4-society challenged deemed conveyance granted in favour of the society because his name did not figure in the list of members annexed to the deed of conveyance application, allegedly affecting his right to premises on redevelopment — Held: inclusion of members' names in the list annexed to a deed of conveyance application cannot be the subject matter of a deemed conveyance application; the scope of deemed conveyance is confined to ascertaining that rights conferred on purchasers under Section 4 of the MOFA Act are enforced; if the petitioner's right as a member is affected, his remedy is appropriate proceedings under the Co-operative Societies Act before the Competent Authority under the MCS Act — Petition disposed of with contentions kept open (Amit Borkar, J.).

Nitin Nathuram Thombre v. State of Maharashtra Thr Dept of Coopetion and Ors.

Case brief

What is this about?

What did the court decide?

Nitin Nathuram Thombre v. State of Maharashtra Thr Dept of Coopetion and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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