Megha 11_wp_12383_2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12383 OF 2026 Shilan Thaker and Anr. ...Petitioners V/s. The Divisional Joint Registrar, C.S.M.D., Mumbai and Ors. ...Respondents ________________ Mr. Yogesh Kokare with Mr. Alok Mishra for the Petitioners. Mr. Atul Damle, Senior Advocate with Mr. Suhail Shariff, Adv. Afreen Shaikh, Ms. Renaa Kadam and Mr. Omar Hasmi i/b. M/s. Falcon Legal for the Respondents. Mr. P.G. Sawant, AGP for Respondent-State. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 23 SEPTEMBER 2026. P.C.: 1) Petition challenges order dated 17 July 2026 passed by the Divisional Joint Registrar, Co-operative Societies, Mumbai Division, Mumbai, (Divisional Joint Registrar) allowing Revision Application No.201 of 2026 filed by Respondent Nos.5 to 7 and setting aside order dated 18 March 2026 passed by the Deputy Registrar, Co-operative Societies, K/W -ward, Mumbai (Deputy Registrar). By order dated 18 March 2026 the Deputy Registrar had disqualified the Chairman, Secretary and Treasurer of the Society in exercise of powers under Page No. 1 of 3 23 September 2026 2026:BHC-AS:39024 Megha 11_wp_12383_2026 Sections 75(5) and 77A of the Maharashtra Co-operative Societies Act, 1960 (MCS Act). 2) The Divisional Joint Registrar has allowed the Revision preferred by Respondent Nos. 5 to 7 essentially on the ground that a notice under Section 77A was not published on the notice board. Second reason for allowing revision is passing of order dated 18 March 2026 without grant of opportunity of hearing to Respondent Nos.5 to 7. If that was the position, the Divisional Joint Registrar ought to have remanded the proceedings to the Deputy Registrar for fresh adjudication after following procedure under Section 77A of the MCS Act and after granting opportunity of hearing to Respondent Nos.5 to 7. There was no warrant for allowing the entire revision on merit and setting aside order dated 18 March 2026 in entirety. The impugned order dated 17 July 2026 passed by the Divisional Joint Registrar is thus erroneous and deserves to be set aside. In my view, the proceedings needs to be remanded to the Deputy Registrar for fresh adjudication. 3) I accordingly proceed to pass the following order:- (i) Order dated 17 July 2026 passed by the Divisional Joint Registrar in Revision Application No.201 of 2026 is set aside. (ii) Proceedings under Sections 75(5) and 77A of the MCS Act are remanded to the Deputy Registrar for being decided afresh. Page No. 2 of 3 23 September 2026 Megha 11_wp_12383_2026 (iii) Parties shall be at liberty to file their additional pleadings before the Deputy Registrar in remanded proceedings. (iv) All rights and contentions of the parties on merits are expressly kept open to be decided by the Deputy Registrar. (v) Parties shall appear before the Deputy Registrar on 12 October 2026 alongwith copy of this order downloaded from the website of this Court and shall obtain directions for fixation of dates of hearing in the remanded proceedings. (vi) Remanded proceedings shall be decided by the Deputy Registrar as expeditiously as possible, preferably within a period of six months, without being influenced by the findings recorded in earlier orders dated 18 March 2026 and 17 July 2026 passed by the Deputy Registrar and Divisional Joint Registrar, respectively. 4) With the above directions, the Petition is partly allowed and disposed of. [SANDEEP V. MARNE, J.] Page No. 3 of 3 23 September 2026 Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 24/09/2026 11:33:22