Let's dive into a recent court case that unfolded in Mumbai, involving property rights, legal twists, and a bit of courtroom drama. Here’s what went down:
On one side, we have Digant Parekh (HUF) through its Karta, Mr. Digant Parekh. On the other side, Akruti Kailash Construction and Wellgroomed Venture. The backdrop is the bustling city of Mumbai, with several cooperative societies and legal entities involved.
It all started on September 16, 2013, when Digant Parekh signed a registered agreement for sale with Akruti Kailash Construction. Things seemed smooth until a correction was made on March 5, 2014, changing the name to Mr. Digant Parekh personally.
Fast forward to 2016, and Akruti Kailash Construction filed a case (S.C. Suit No.2225 of 2016) in Dindoshi's City Civil Court. They wanted to enforce the terms of the sale agreement and stop Digant Parekh from selling the property to someone else.
On November 29, 2021, Digant Parekh applied to join a cooperative society. The society didn’t respond, so Digant Parekh asked the Divisional Joint Registrar for help. By August 18, 2022, Digant Parekh was granted membership.
But Akruti Kailash Construction didn’t agree. They filed a challenge against this membership, arguing that their case was still ongoing in court.
On November 25, 2024, the Divisional Joint Registrar canceled the earlier membership grant, mainly because the court case was unresolved. This led Digant Parekh to approach the High Court.
Judge Amit Borkar looked into the case and on January 16, 2026, gave the judgment. The court restored Digant Parekh’s membership, emphasizing that the ongoing court case didn’t automatically stop membership under the Maharashtra Co-operative Societies Act.
"The writ petition is allowed. The revisional order dated 25 November 2024 is quashed and set aside."
The civil suit (S.C. Suit No.2225 of 2016) will continue independently, without being affected by this judgment. The court made it clear that membership issues and property ownership disputes are separate matters.
The High Court decided that Digant Parekh's membership in the cooperative society should be restored, despite the ongoing court case about the property. This means that the membership issue is treated separately from the property ownership dispute.
