Neeta Sawant 7-WP--10026-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10026 OF 2026 Jayashree Menon & Anr. ..Petitioners … : Versus : Assistant Registrar, Co-operative Societies, Greater Mumbai & Ors. .Respondents … Mr. Sunny Shah a w. Mr. Akshay Suresh i b. Mr. Naresh J. Ratnani, / / for the Petitioners. Mr. Bhavin Gada a w. Mr. Hitesh Solanki i b. Hitesh & Associates, for / / Respondent No.3. Ms. S.A. Prabhune, AGP for State. CORAM : SANDEEP V. MARNE, J. DATED : 27 AUGUST 2026. P.C : 1) The petition challenges order dated 20 April 2026 passed by Joint Registrar, Co-operative Societies, Greater Mumbai dismissing Revision Application No. 374 2022 and confirming the order of the / Deputy Registrar, Co-operative Societies, Western Suburbs, Mumbai dated 7 June 2022. By his order dated 7 June 2022, the Deputy Registrar has dismissed the Application preferred by the Petitioner under Section 22(2) of the Maharashtra Co-operative Societies Act, 1960 for _____________________________________________________________________________ PAGE NOS. 1 of 4 Thursday, 27 August 2026 Neeta Sawant 7-WP--10026-2026.docx membership granting liberty to the Petitioner to apply afresh after decision of the suit. 2) I have heard Mr.Shah, the learned counsel appearing for the Petitioners and Mr. Gada, learned counsel appearing for the Respondents and have considered the submissions canvassed by them. 3) It is seen that the Society undertook redevelopment of its building and appointed a developer. Petitioners executed an Agreement for Sale for purchase of a flat in the proposed reconstructed building. While reconstruction of the building was underway, disputes and differences arose between the society and the developer and accordingly the society has terminated appointment of the developer on 12 November 2014. It is an admitted position that till the developer s appointment got ’ terminated, Flat No.B 1102, for which Agreement for Sale dated 18 / August 2011 was executed in favour of the Petitioners, was not actually constructed. It is not constructed even till today. Petitioners have already filed a suit seeking necessary reliefs against the Developer and Society for enforcement of rights arising out of Agreement for Sale dated 18 August 2011 qua Flat No.B 1102. There is an injunction order / granted by this Court in favour of the Petitioners qua Flat No.B 1102. / The Suit is now transferred to City Civil Court. The Flat is neither constructed nor Petitioners possess the same. Therefore, it is too premature at the stage for the Petitioners to expect membership of the society. If and when Petitioners are able to secure a decree in their favour in respect of Flat No.B 1102 in the pending Suit, membership of / the society can always be granted to them. _____________________________________________________________________________ PAGE NOS. 2 of 4 Thursday, 27 August 2026 Neeta Sawant 7-WP--10026-2026.docx 4) As of now, the termination of developer s appointment is ’ apparently upheld in arbitration proceedings vide Award dated 7 July 2025. The Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 is pending. Be that as it may. In case the Petitioners succeed in the pending Suit and secure a decree qua Flat No. B 1102, membership in the Society can always be granted to them. / 5) Petitioners have relied on judgment of this Court in Digant Parekh (HUF) & Anr. Versus. Akruti Kailash Construction & Ors.1. However, the facts of that case were entirely different. In that case, the developer had filed a Suit against the Petitioners alleging non-payment of full consideration while purchasing the flat. The society had denied membership on the ground of pendency of the said Suit. It is in these peculiar factual circumstances that this Court directed the society to grant membership in respect of the flat purchased by the Petitioners therein. 6) Petitioners have also relied upon judgment of this Court in The Jeevan Sarita Co-operative Housing Society Ltd. Versus. Nandan Ravindranath Pradhan & Ors.2, However, in that case, the Society had reservations about admitting the flat purchasers as members on the ground that the developer was yet to complete statutory and contractual obligations and had wrongfully retained rights in respect of the open spaces, stilt parking and FSI actually belonging to the society. Therefore, 1 Writ Petition No. 13583 of 2025 decided on 16 January 2026 2 Writ Petition No. 9154 of 2023 decided on 12 September 2025 _____________________________________________________________________________ PAGE NOS. 3 of 4 Thursday, 27 August 2026 Neeta Sawant 7-WP--10026-2026.docx in the peculiar facts of that case, this Court held that Petitioners therein were entitled to seek membership of the society. 7) In the present case, the flat itself is not constructed. There are serious disputes between the Petitioners, the developer and the society in respect of flat no.B 1102. Membership in the society can / always be granted in favour of the Petitioners in the event they succeed in the suit pending before the Civil Court or secure any interim order for construction and possession of the flat. At this juncture, it is too premature to accept membership of a Co-operative Housing Society in which flat meant for the membership is not even constructed. The Deputy Registrar has already granted liberty to the Petitioners to apply for membership after decision of the pending Civil Suit. In my view therefore, no interference is warranted in the orders passed by the Deputy Registrar and the Joint Registrar. 8) Leaving open all contentions and rights of the parties to be decided in the pending Civil Suit, the Writ Petition is disposed of. [SANDEEP V. MARNE, J.] _____________________________________________________________________________ PAGE NOS. 4 of 4 Thursday, 27 August 2026 NEETA SHAILESH SAWANT Digitally signed by NEETA SHAILESH SAWANT Date: 2026.08.28 16:22:31 +0530