Summary: The Bombay High Court recently dealt with a heated membership dispute at Malboro House Cooperative Housing Society in Mumbai. The court ruled on issues regarding the validity of certain memberships and the society's adherence to approved plans.
On December 5, 2025, Justice Amit Borkar made a decision involving Uday Dalal and others against the Divisional Joint Registrar and other parties. The case was about arguments over who could be members of Malboro House Cooperative Housing Society, located on Peddar Road, Mumbai.
The issue started when Prachi Agarwal, the third person involved, was given membership by the Deputy Registrar. This decision was questioned by Uday Dalal and others, who said the membership was given wrongly.
"The society cannot create membership without following the approved plan," argued Uday Dalal and the others.
Malboro House became a housing society in 1996. Problems began when Mr. Rajendra Agarwal wanted to buy flat No.7, leading to complaints and the appointment of a manager. During this time, flat No.5 was sold to Ruvin Realty, and later, a servant room was transferred to Prachi Agarwal, causing more arguments.
Justice Borkar stressed the importance of the approved plan in deciding who can be a member. The court pointed out that any place not shown as a flat in the approved plan cannot be used for membership.
"The approved plan is the foundation of membership," stated the decision.
The court canceled the orders that confirmed membership for Prachi Agarwal, instructing the Deputy Registrar to do a new check of the approved plan. The Deputy Registrar must make sure that any membership given matches the approved plan.
The court decided that Prachi Agarwal's membership was not valid and ordered a review of the membership process to ensure it follows the approved plans. This decision emphasizes the importance of following rules in cooperative societies to avoid problems.
