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2026 High Court January 2026 Latest Legal Real Estate

Bombay HC – Registrar’s Role under Section 154B-27 of MC Societies Act is Enforcement, Not Adjudicationi of Ownership or Membership

January 25, 2026 legaldeli

On 19.12.2023, the respondent no.3 directed the society to issue maintenance bills for the shop in the names of respondent nos.5 to 8 by modifying the earlier bills. The society objected that the said respondents are not members of the society in the absence of title documents.

On 5.2.2024, the show cause notice was issued to the society for implementation of the order dated 19.12.2023.

A plain reading of Section 154B-27 shows its limited scope. The provision allows the Registrar to step in only when a society fails to perform duties that already exist under the Act, the Rules, or the bye-laws. These duties must be clear and pre-existing.

It is a machinery provision meant for enforcement. It does not give the Registrar authority to decide disputes between a member and the society on substantive issues. There is no express power under this section to examine rival claims, interpret bye-laws in a disputed manner, or finally decide monetary liability.

The section does not deal with determination of ownership. The section does not deal with : membership disputes. The section does not authorise the Registrar to decide questions of entitlement.

The section is not about directing the Chief Promoter during the registration process.

Judgment dated 16.1.2026 of the High Court of Bombay in Writ Petition No.17059 of 2025 of Petit Mansion C-Wing Cooperative Housing Society Limited and others Vs. The State of Maharashtra and others

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