911-wp.11039.2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11039 OF 2026 Vaishali Santosh Shinde and Ors. ...Petitioners Versus The Deputy Registrar of Co-operative Societies, CIDCO and Ors. ...Respondents Mr. Aditya Lele with Mr. Bharat Mirchandani, Mr. Talib Kalandan, Mr. Atul Mishra i/b Mirchandani Advocates & Co. for the Petitioners. Mr. Tejesh Dande with Mr. Pranav Nimhan and Mr. Tanuj Kabra for the Respondent No.2. Mr. Suresh Sabrad with Mr. Jeetenndra Sachhdev, Mr. Amey Sawant, Ms. Eshwaree Kudalkar, Mr. Vilas Thale, Mr. Prateek Sabrad and Mr. Avinash Banga i/b JS Legal for the Respondent No.3. Mr. S. H. Kankal, A.G.P. for the Respondent-State. CORAM: BHARATI DANGRE & ASHISH S. CHAVAN, JJ. DATE : 27th AUGUST 2026 P.C. : 1. Heard the learned counsel for the petitioners. 2. The petition being filed by 42 petitioners, out of which one petitioner is informed to be dead seek a direction to the N. S. Chitnis 1/3 NISHA SANDEEP CHITNIS Digitally signed by NISHA SANDEEP CHITNIS Date: 2026.08.29 16:36:23 +0530 911-wp.11039.2026.doc respondent No.1. to appoint an authorized representative to conduct a Special General Body Meeting/Emergency General Body Meeting of the respondent No.2 Society for discussion on various aspects which include the discussion on the delay and default in the Development Agreement as well as the necessary disclosures to be made by the Developer ensuring transparency in the process with a request for negotiation of re-development. 3. We have the appearance of the learned counsel on behalf of the Society as well as the Developer and a statement is made before us that, out of 108 members of the Society, 91 members have accorded their consent to the execution of the Development Agreement, which is done long back in 15th July 2024 and even the Development Agreement is registered on the next day. We are informed that the Commencement Certificate is also issued on 3rd June 2026, pursuant to which the development has commenced. It is informed that the present petitioners are the Non-Co-operative members and we could see from the pleadings in the petition that they want certain N. S. Chitnis 2/3 911-wp.11039.2026.doc disclosures. Undisputedly, the decision to be taken to appoint a Developer for re-development of the Society is a decision to be taken by a majority but must have consensus of all the members and we expect the Society to render all necessary co-operation to the petitioners by furnishing all such documents which the petitioners seek. However, it must be kept in mind that if the Development Agreement is agreed to by maximum members of the Society then the petitioners have no choice then to go ahead with it. However despite this, we expect co-operation of the Society and the Developer, as we find that the Developer has addressed communication to the Society ensuring a particular area to be allotted to each member and we hope and trust that all these clauses find place in the Development Agreement. With these directions, we dispose of the writ petition. ASHISH S. CHAVAN, J. BHARATI DANGRE, J. N. S. Chitnis 3/3