k 1/3 46 wp 7893.26 as.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7893 OF 2026 Vikram Misra ....Petitioner V/S Smriti Misra ....Respondent _________ Mr. Arjun Amanchi with Mr. Vinay Kadam i/b Mr. Amanchi Legal & Co. for the Petitioner. Mr. Yash Dewal for Respondent No.5. Ms. Ashwini A. Purav, AGP for Respondent Nos.1 to 4/State. __________ CORAM : SANDEEP V. MARNE, J. DATE : 1 SEPTEMBER 2026. P.C.: 1. In the present Petition, the Petitioner has sought following reliefs: “a) The Hon’ble Court be pleased to exercise its writ jurisdiction under Articles 226 and 227 of the Constitution of India by issuing appropriate writ, direction to the Deputy Registrar for deciding the maintenance due of the Petitioner during the period of 01/04/2010 to 30/04/2023 along with the non- compliance of the society for various reasons from the date of its formation w.r.t to petitioner case, petitioner membership/transfer application till its admission as its member and shareholder with appropriate cost and penalty on the society within a period of three months. b) The Hon’ble Court be pleased to exercise its writ jurisdiction under Articles 226 and 227 of the Constitution of India by issuing appropriate writ, direction to the Deputy Registrar and to the society to admit the Petitioner from the date of its membership/transfer application as against from the date of its managing committee resolution. c) The Hon’ble Court be pleased to exercise its writ jurisdiction under Articles 226 and 227 of the Constitution of India by issuing appropriate writ, direction in alternate for society to exercise its legal duty to call for Special General Body Meeting and to pass appropriate resolution on the settlement katkam Page No. 1 of 3 2026:BHC-AS:36506 k 2/3 46 wp 7893.26 as.doc proposal of the Petitioner to end dispute between the Petitioner and the Society since August 2008. d) The Hon’ble Court be pleased to exercise its writ jurisdiction under Articles 226 and 227 of the Constitution of India by issuing appropriate writ, direction and order of stay on the recovery application filed by the society and the Deputy Registrar orders dated 27/02/2015 and 14/01/2026 on such applications.” Thus, the Petition does not challenge any specific order. 2. Prayer clause (a) is for issuing a direction to the Deputy Registrar for deciding maintenance dues of the Petitioner during the period from 1 April 2010 to 30 April 2023. I am afraid, such direction cannot be issued in absence of any remedy to that effect in the Maharashtra Co-operative Societies Act, 1960 (MCS Act). As and when Society files proceedings for recovery of dues, Petitioner can raise all defences in relation to the maintenance charges for the period 1 April 2010 to 30 April 2023. This Court cannot issue a direction to the Deputy Registrar to compute the maintenance dues as prayed for in prayer clause (a) of the Petition. 3. In prayer clause (b), the Petitioner has prayed for his admission to the membership of the Society from the date of transfer application and not from the date of Managing Committee Resolution. If Petitioner is aggrieved by the date from which membership is granted, he can adopt necessary remedies in that regard. Without filing any proceedings questioning grant of membership from the date of Resolution, this Court cannot direct Registrar to admit Petitioner from the date of transfer application. katkam Page No. 2 of 3 k 3/3 46 wp 7893.26 as.doc 4. So far as prayer clause (c) is concerned, the Petitioner has prayed for calling of Special General Body Meeting and for adoption of appropriate Resolution on settlement proposal of the Petitioner. This prayer again cannot be granted by this Court. Court cannot force the Society to accept the settlement proposal. It is for the Society to take decision in that regard. If Petitioner wants convening of Special General Body Meeting, he needs to follow the procedure for the same. 5. In prayer clause (d), the Petitioner has sought stay on recovery application filed by the Society and on Deputy Registrar’s order dated 27 May 2015 and 14 January 2026. The recovery proceedings are still pending. Therefore, there is no question of staying the recovery proceedings. Petitioner can raise all objections in the said recovery proceedings. 6. Therefore, the Petition cannot be entertained nor any reliefs can be granted in favour of the Petitioner. Leaving open all the issues raised in the Petition as well as remedies in respect thereof, Writ Petition is disposed of. (SANDEEP V. MARNE, J.) katkam Page No. 3 of 3 Signed by: Sudarshan R. Katkam Designation: PS To Honourable Judge Date: 07/09/2026 12:15:49