Bombay High Court

Bombay HC: Balaji Tower's Bid for Independence Approved Amidst Legal Battle

Updated
Dec 5, 2025 10:57 AM
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Quick Summary: The Bombay High Court has decided in favor of Balaji Tower Cooperative Housing Society Ltd., allowing them to separate from Shree Ganesh Cooperative Housing Society Ltd. This decision was made despite some objections and legal twists.

Background of the Case

In Navi Mumbai, Balaji Tower Cooperative Housing Society Ltd. (Plot No.8, Sector 22, Nerul) and Shree Ganesh Cooperative Housing Society Ltd. (Sector-28, Nerul) were initially part of the same cooperative group. However, because of practical issues like distance and different maintenance needs, Balaji Tower wanted to operate on its own.

The Dispute Begins

The problem started when Balaji Tower residents found it difficult to manage their affairs as part of the larger Shree Ganesh society. On November 22, 2019, 115 members asked for a meeting to discuss splitting the societies. However, the meeting was delayed due to the COVID-19 pandemic.

Legal Proceedings

Parthasarathy Rangachari, one of the members, went to the Joint Registrar to ask for the split under a specific section of the Maharashtra Cooperative Societies Act. On March 24, 2022, the Joint Registrar approved the split, but this was challenged by the then Chairman of Shree Ganesh society, who used a fake resolution to appeal.

The Court's Decision

The case went to the Bombay High Court, where Justice Amit Borkar looked into the facts. On November 11, 2025, the court decided that the split was valid. The court noted that Balaji Tower had been operating independently for years, with separate utilities, bank accounts, and audits.

"The arrangement of keeping both plots under a single society only exists on paper," the court observed.

Key Points from the Judgment

  • The court emphasized that Balaji Tower and Shree Ganesh were more than a kilometer apart, with no shared facilities or management.
  • The law supports splitting up for better management and the welfare of the members.
  • The court dismissed the need for CIDCO’s permission, stating the law itself allows the transfer of assets upon registration.

Verdict Summary

The court's decision allows Balaji Tower to manage its affairs independently, aligning legal status with its operational reality. This ruling sets an example for similar cases where cooperative societies face logistical challenges.

The court's order ensures that Balaji Tower continues its operations smoothly and legally, with all necessary records and assets transferred appropriately.

Tags:
Maharashtra Cooperative Societies Act
Cooperative Societies
Housing Law