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2026 DAILYLAW 3135 (BOM)

GANESH KRISHNAJI VAZE v. STATE OF MAHARASHTRA AND ORS

WP/4201/2026 · 2026-07-07

Shri Sandeep V Marne

body2026

Judgment text

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Vaishnavi 28-WP-4201-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4201 OF 2026 Ganesh Krishnaji Vaze ...Petitioner V/s. State Of Maharashtra and Ors. ...Respondents ________________ Mr. P.G. Sabnis i/by Mr. J.B. Apte, for Petitioner. Ms. Dhruti Kapadia, AGP for Respondent-State. Mr. Ronak K. Parekh with Ms. Devanshi Jain i/by Mr. Munish Ali Hemani, for Respondent Nos. 4 & 6. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 07 July 2026 P.C.: 1) The Petitioner has an alternate and equally ef?cacious remedy of ?lling revision under Section 154 the Maharashtra Co-operative Societies Act, 1960, (MCS) challenging the order dated 24 December 2025 passed by the Divisional Joint Registrar. It appears that, by order dated 6 April 2026, this Court has stayed the operation of the order dated 24 December 2025. 2) Prima facie, it appears that the number of units sold at the relevant time were 88 and number of persons required for registration of Page No. 1 of 2 07 July 2026 Vaishnavi 28-WP-4201-2026 Society under Section 154B-2 of the MCS Act was 48. The application was apparently signed by 82 purchasers. 3) When the application seeking de-registration of the Society under Section 21A of the Act was preferred, there was no allegation of forgery raised by the Respondent-developer. However, during pendency of de-registration proceedings, 12 persons ?led af?davits claiming that their signatures on the proposal were forged. Out of those 12 persons, signatures of 10 persons were sent to a private forensic agency, which has apparently opined that 3 signatures are forged, 1 signature is unconclusive and 6 signatures are genuine. 4) Prima facie, therefore, even if names of 3 persons are deleted from the proposal, still it would satisfy the requirement under Section 154B-2 of the MCS Act. Therefore, while relegating the Petitioner to a remedy under Section 154 of the MCS Act, it would be necessary to continue the interim order granted by this Court on 6 April 2026. 5) The Petitioner would be at liberty to prefer revision against order dated 24 December 2025. If such revision is lodged within a period of 3 weeks from today, order dated 6 April 2026 shall continue to operate throughout the pendency of the revision and for a period of 2 weeks in case the revision goes against the Petitioner. 6) All contentions of parties of merits are expressly kept open. Writ Petition is accordingly disposed of. [SANDEEP V. MARNE, J.] Page No. 2 of 2 07 July 2026