Friday, March 6, 2026
Latest:
2026High CourtJanuary 2026LatestLegalReal Estate

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

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

You May Also Like

Custom Duty – Interest on delayed Refund is statutory entitlement under Section 27A of the Customs Act, 1962 – Failure to consider the prayer for interest in appeal – matter remanded

legaldeli

IBC – Real Estate – Corporate Debtor – Amendment of 16.2.2024 to IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 – Transparency and accountability –

legaldeli

Section 63 of Bombay Tenancy Act, 1948 – Penalty & resumption of land

legaldeli

Leave a Reply

Your email address will not be published. Required fields are marked *

I HAVE READ THE DISCLAIMER AND AGREE TO IT.

User Acknowledgement

By proceeding further and clicking on the "AGREE" button herein below, I acknowledge that I of my own accord wish to know more about LegalDeli for my own information and use. I further acknowledge that there has been no solicitation, invitation or inducement of any sort whatsoever from LegalDeli or any of its members to create an Attorney-Client relationship through this knowledge site. I further acknowledge having read and understood the Disclaimer below.

Disclaimer
About: This knowledge-site (www.LegalDeli.in) is owned and operated by LegalDeli (“NDA”), and is a resource for your informational and educational purposes only.

No Warranty: NDA does not warrant that any content or information contained on this knowledge-site is accurate, correct, complete or up-to-date, and hereby disclaims any and all liability to any person for any actual or threatened loss or damage caused by errors or omissions, whether such errors or omissions result from negligence, accident or otherwise. NDA assumes no liability for the interpretation and/or use of the content and/or information contained on this knowledge-site, nor does it offer any warranty of any kind, either expressed or implied in relation to such content or information.

Third-Party Links: NDA does not intend that links / URLs contained on this knowledge-site re-directing users to third party websites be considered as referrals to, endorsements of, or affiliations with any such third party website operators. NDA is not responsible for, and makes no representations or warranties, express or implied, about the content or information contained on such third party websites to which links may be provided on this knowledge-site.

No Legal Advice: By clicking ‘I agree’ and proceeding further, you acknowledge, represent and undertake that you on your own accord wish to know more about NDA, its capabilities and research content and information contained on the knowledge-site, for your own knowledge and personal use. The content and information contained on this knowledge-site should not be construed as nor relied upon as legal advice. You as a reader or recipient of content or information contained in this knowledge-site should not act, nor refrain from acting, based upon any or all of such content or information, but should always seek the advice of competent legal counsel licensed to practice the relevant law in the appropriate jurisdiction.

No Attorney-Client Relationship: This knowledge-site is not intended to be and you should not consider the content or information contained therein to be an advertisement, solicitation, inducement or invitation for an Attorney-Client relationship. Transmission, receipt or use of this knowledge-site, including content and information contained therein, does not constitute nor create an Attorney-Client relationship between NDA and you.

I Agree