Browsing Tag

Maharashtra Co-operative Societies Act

13 posts
Mumbai Co-op Court says societies can fix maintenance but must apply BMC property-tax concessions to eligible individual tenements.

Managing Committee Has No Power to Evict Member: Co-op Court Ends 38-Year Dispute in Favour of Member

Co-op Appellate Court holds managing committee cannot terminate occupancy of owned shops; 1988 eviction decree against Dahisar firm set aside after 38 years.
Appellate court awards ₹2 lakh to senior citizen after society failed to resolve years of terrace leakage complaints.

Society’s No to Commercial Use Binding: Court Stops Flat Owners from Conversion

The Thane Co-operative Court has ruled that if a society decides no to commercial activity, its members cannot turn residential flats into business premises.
HC sets aside order granting extra land to a bifurcated flat owners' society, says bifurcation itself is final conveyance.

One Member Complaint Insufficient to Trigger Enquiry Against Managing Committee

Bombay HC holds that Registrar cannot order Section 83 enquiry solely on one member’s complaint. Independent application of mind is mandatory for suo moto action under the MCS Act.
Mumbai Co-op Court says societies can fix maintenance but must apply BMC property-tax concessions to eligible individual tenements.

Kandivali CHS Election Quashed: Court Orders Fresh Polls Over Counting Irregularities

In a major ruling, the Maharashtra Co-operative Appellate Court has upheld the quashing of Neighbourhood CHS Ltd’s 21 May 2023 election in Kandivali, citing serious counting irregularities and violation of election rules, and ordered fresh polls.
In a 21-year-long battle, the Maharashtra Co-operative Appellate Court has ordered full vacant possession of Flat No. 702 in Suyog Darshan Society, Versova to Mohan Kubal, directing auction of remaining articles and appointing a new Court Receiver.

Co-op Appellate Court: Past Members Can Sue Societies for Refund

In a key ruling, the Maharashtra Co-operative Appellate Court has held that past members of housing societies can directly sue for refund of amounts paid under disputed NOC conditions without needing permission from current flat owners. The court dismissed the society’s challenge to jurisdiction, clarifying that such disputes arising during membership fall squarely under Section 91 of the MCS Act.