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2026 DAILYLAW 1871 (BOM)

SIND CO-OPERATIVE HOUSING SOCIETY LTD. v. DIVISIONAL JOINT REGISTRAR CO-OPERATIVE SOCIETIES, PUNE AND ORS

WP/8359/2026 · 2026-07-31

Shri Sandeep V Marne

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Renuka 905-WP-8359-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8359 OF 2026 Sind Co-Operative Housing Society Ltd. ...Petitioner V/s. Divisional Joint Registrar Co-Operative Societies, Pune and Ors ...Respondents ________________ Ms. Shruti Tulpule for Petitioner. Mr. Tejas D. Deshmukh i/b Mr. Onkar Somvanshi for Respondent No. 3. Mr. Deepak Deshmukh with ms. Rashmi Shetty for Respondent No. 4A, 4B and 5. Ms. D. S. Deshmukh, AGP for Respondent-state. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 31 JULY 2026. P.C.: 1) By this Petition, Petitioner-society is aggrieved by order dated 19 May 2026 passed by the Divisional Joint Registrar dismissing Appeal No. 107 of 2024 and conArming the order of the Deputy Registrar dated 26 August 2024 passed in exercise of powers under Section 154 B 27 (3) of the Maharashtra Co-operative Societies Act, 1960 (MCS Act). The Deputy Registrar has directed the Petitioner-society to issue No Objection CertiAcate to Respondent Nos. 3 and 4 for the purpose of assignment of Plot No. 524. The society is further directed to register lease deed in favour of Respondent Nos. 3 and 4. Page No. 1 of 3 31 JULY 2026 2026:BHC-AS:31697 Renuka 905-WP-8359-2026.docx 2) It appears that Plot No. 524 has been jointly leased out to Respondent No. 3-Smt. Vasudha Arvind Dani and Mr. Jawahar Birdichand Bhandari (Respondent No. 5). Respondent No. 4-Anuradha Arvind Gandhi has apparently purchased joint leasehold rights in respect of Plot No. 524 from Jawahar Birdichand Bhandari vide Assignment Deed dated 16 December 1992. However, the society has apparently not entered the name of Respondent No. 4 in the membership register possibly on account of Jawahar Birdichand Bhandari not submitting necessary forms and documents for such. One of the reasons for society for not taking cognizance of transaction between Respondent Nos. 4 and 5 is non- registration of the Deed of Assignment. 3) As the hearing of the Petition progressed, Ms. Tulpule, the learned counsel appearing for the Petitioner has fairly submitted that the Petitioner-society has no objection to issue No Objection CertiAcate as and when Respondent No. 3 proposes to assign her leasehold rights. 4) It appears that Respondent No. 3 had proposed to assign the leasehold rights to one Mr. Girish Avhad. However Mr. Deshmukh, the learned counsel appearing for Respondent No. 3 submits that Mr. Avhad has now backout of the transaction and that Respondent No. 3 is looking for another purchaser. The original afAdavit on behalf of the Respondent No. 3 be accepted by the registry. Ms. Tulpule Submits that as and when Respondent No. 3 proposes to assign her leasehold rights to a prospective purchaser, the Petitioner-society shall issue the necessary No objection CertiAcate subject to completion of all the requisite formalities. Page No. 2 of 3 31 JULY 2026 Renuka 905-WP-8359-2026.docx 5) So far as transaction between Respondent Nos. 4 and 5 is concerned, it appears that the society had reservations about taking note of the said transaction in its records on account of absence of any communication from the joint lessee-Respondent No. 5. The Respondent No. 5 has now Aled an afAdavit conArming execution of the Assignment dated 16 December 1992. He has also expressed no objection for transfer of leasehold rights in the name of Respondent No. 4A and 4B, who are the legal heirs of deceased-Respondent No. 4. Taking note of this development, Ms. Tulpule has submitted that once the necessary forms are submitted with the society duly signed by Respondent Nos. 4A, 4B and Respondent No. 5, the society shall issue the requisite No Objection CertiAcate and shall also take note of joint lease executed in favour of Respondent Nos. 4 and 5 in its records. The learned counsel appearing for Respondent Nos. 4A, 4B and 5, on instructions, submits that necessary document for the purpose of registration of transaction of Assignment dated 16 December 1992 shall duly be executed and presented before the society. Ms. Deshmukh, on instructions, submits that in her capacity of a joint lessee, Respondent No. 3 shall co-operate with Respondent Nos. 4A, 4B and 5 for the purpose of execution of the necessary documents. In view of the above development, nothing survives to be adjudicated in the Petition. 6) Writ Petition is accordingly disposed of. [SANDEEP V. MARNE, J.] Page No. 3 of 3 31 JULY 2026 Signed by: Renuka S Thakur Designation: PA To Honourable Judge Date: 01/08/2026 16:52:15