Recovery of Housing Society’s Dues – Registrar’s Duty is Not Optional
The Deputy Registrar rejected the application of the petitioner society for recovery of maintenance charges from 1982 on the grounds that the matter raised complicated questions of law and fact, whether the amount is disputed and whether there is any challenge to the resolution of the Society cannot be decided in summary proceedings under Section 154B-29 of the Maharashtra Cooperative Societies Act.
The proper remedy is to file dispute under section 91 of the Act.
HELD that the questions under Section 154B-29 are confined to verification of the amount due or adjustment of payments which are essentially matters of accounting. The legislative intent of providing summary remedy would be frustrated if every dispute of arrears is treated as involving complicated questions of law and facts.
The jurisdiction of the Registrar is meant for speedy and effective mechanism for Housing Societies to recover their legitimate dues. The registrar has to scrutinize the accounts, receipts and resolutions of the Society and whether claim is supported by reliable records.
Judgment dated 19.9.2025 of the High Court of Bombay in Writ Petition No.14996 of 2024 of Saraf Kaskar Industrial Premises Cooperative Society Ltd Vs. The District Deputy Registrar Cooperative Societies and another with connected writ petitions.
