De-registration of Cooperative Housing Society Sought After 45 years
De-registration of Housing Society Sought After 45 years
Judgment dated 2.7.2026 of the High Court of Bombay in Writ Petition No.7855 of 2026 of Elite Diagnostic Centre Pvt Ltd Vs. Krishna Kunj Coop. Housing Society Ltd and others
Unique case seeking de-registration of the housing society filed by the petitioner whose director himself is a member of the said society, also acted as office bearer and also added as respondent in the writ petition / proceedings.
The alleged error committed by the Assistant Registrar in considering garage occupiers as eligible members within the meaning of Section 6 of the Act cannot be treated as a misrepresentation on the part of the Applicants.
Ordering de-registration of the Society at this stage (after passage of 45 long years from its registration) is otherwise uncalled for. The society is ultimately formed for collective management of the building. It has managed the building for the last 45 long years, and the director of Petitioner has been a part of the managing committee and has taken active part in its management. If the society is de registered at this stage, the same would put the management of the building in a quandary.
The real motive of the Petitioner for initiation of proceedings for de-registration is securing title in respect of the land. That dispute cannot be adjudicated in de-registration proceedings, nor those proceedings can be permitted to be misused for achieving the oblique or veiled objective of securing title in respect of the land.
