Summary: A court case involving Uday Dalal and others against the Divisional Joint Registrar, Cooperative Societies, Mumbai, has been resolved. The case revolved around membership disputes in a housing society and the management of its affairs.
Uday Dalal and other residents of Malboro House Cooperative Housing Society in Mumbai filed a complaint against the Divisional Joint Registrar, Cooperative Societies. The dispute centered on two main issues:
The Deputy Registrar had appointed a person in charge to manage the society because there was no properly elected managing committee. This decision was challenged by Uday Dalal but supported by the Joint Registrar, citing the need for proper elections to manage the society.
"The previous committee had stopped working, and a new committee was not properly elected."
The main issue was whether the family members of Narendra Patel, who did not initially pay the required fees, could become members of the society after 30 years. The Joint Registrar had allowed their membership, but this was contested by Uday Dalal.
The court, led by Judge N.J. Jamadar, found that the decision to admit members should mainly be made by the society itself. The court overturned the Joint Registrar's decision to admit the family members of Narendra Patel without the society's approval.
"The society could not have been forced to accept the Respondent Nos. 6 and 7 as members of the society, on the same terms."
The court ordered a Special General Meeting to decide on the membership application of the family members of Narendra Patel. This decision should be made by the society's current members, without interference from the court.
The court ruled that the society itself should decide on admitting new members, emphasizing the independence of cooperative societies in managing their own affairs while following rules and procedures.
