Veena Khurana And Anr vs. Dy. Registrar Of Co-Op. Soc. K / East, Wadala And Ors

WP/6801/2019HC BombayGSTCNR HCBM01022375201930 September 20263 pages

AI SummaryPartly Allowed

Facts

This writ petition was filed by Veena Khurana and another (Petitioners) against the Deputy Registrar of Co-operative Societies and others (Respondents). The dispute concerned maintenance charges for two flats, A-1801 and A-1802. An interim order had restricted Respondent No.5 (Society) from taking coercive steps, subject to the Petitioners depositing maintenance charges. This condition was complied with. The parties reached a consensus regarding the amounts due, with some payments already made, settling the claim up to August 1, 2026. Respondent No.6's request for an adjournment was refused as the order would not impact their rights.

Held

The Court disposed of the Writ Petition based on the consensus between the Petitioners and Respondent No.5. The Court directed the Registry to release specific amounts from the deposited funds towards maintenance charges and interest for Flat Nos. A-1801 and A-1802 to Respondent No.5 Society. The balance amount was to be returned to Petitioner No.1. Both parties confirmed no further claims would be made against each other for dues up to the order date. Respondent No.5 was directed to withdraw Revision Application No.87 of 2024. Respondent No.5 also undertook to issue future bills without including previous principal, interest, or other dues, including CGST and SGST on interest or late payment charges for periods prior to the order date, starting from the next quarter. The Petitioners and their licensees were granted free access to facilities, and Respondent No.5 agreed to cooperate with NOC requirements as per the Maharashtra Co-Operative Societies Act, 1960.

Key Issues

1. Whether the Court should dispose of the Writ Petition based on the consensus arrived at between the Petitioners and Respondent No.5, considering the interim order and subsequent compliance by the Petitioners? Petitioner's Contention: The Petitioners, through their counsel, agreed to a consensus with Respondent No.5, which involved depositing maintenance charges and settling claims up to August 1, 2026. They relied on the interim order which was complied with. Respondent No.5's Contention: Respondent No.5, represented by its counsel, presented a chart of bills and agreed to the consensus reached with the Petitioners, acknowledging that some amount has been paid and this will settle the claim up to August 1, 2026. They agreed to withdraw a pending revision application.

Sections Cited

Maharashtra Co-Operative Societies Act, 1960

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

903-WP-6801-2019.odt rajshree IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6801 OF 2019 Veena Khurana & Anr. …. Petitioners vs. Deputy Registrar of Co-operative Societies & Ors. .… Respondents Mr.Rohaan Cama i/b Ms.Sapana Rachure for the Petitioners. Mr.Ajit Anekar for Respondent No.5. Mr.Vinod Prajapati i/b Mr.Mohit Bhardwan for Respondent No.6. Mr.M.M. Pable, AGP for the State. CORAM : BHARATI DANGRE & ASHISH S. CHAVAN, JJ DATE : 30th SEPTEMBER 2026 P.C. : 1 In continuation of our order dated 27/08/2026, the learned counsel Mr. Rohaan Cama representing the Petitioners and the learned counsel Mr.Ajit Anekar representing Respondent No.5 informed to us that a consensus is arrived between them and the Court shall dispose of the Writ Petition in accordance with the same. It is agreed between them that in the wake of the interim order, Respondent No.5 was restricted from taking any coercive 1/3 RAJSHREE KISHOR MORE Digitally signed by RAJSHREE KISHOR MORE Date: 2026.10.01 17:31:58 +0530 903-WP-6801-2019.odt steps subject to the Petitioners depositing an amount towards maintenance charges for the two flats viz. Flalt Nos.A-1801 and Flat No.A-1802 and this order has been complied with. 2 The learned counsel Mr. Anekar representing Respondent No.5 has placed before us a Chart reflecting the bills and though there was some quibble over the amount mentioned therein, Mr. Cama would submit that upon reconciliation of the issue between the Parties, some amount has been paid and this will settle the claim upto 01/08/2026. Though a vehement request is made on behalf of the proxy counsel appearing for Respondent No.6 to adjourn the proceedings, since the order which we are passing will have no impact on the rights of Respondent No.6, we refuse to entertain the said request. In the wake of the aforesaid understanding, we dispose of the Writ Petition in the following terms :- i. The Registry to close the existing Fixed Deposit/s and release an amount of Rs.7,53,556/- as maintenance charges for Flat No.A-1801 and Rs.7,53,555/- maintenance charges for Flat No.A-1802 to Respondent No.5 Society from the amounts lying deposited to the credit of the present Writ Petition, within two weeks from today. ii. The Registry shall further release an amount of Rs.3,16,770/-as interest towards Flat No.A-1801 and Rs.3,16,653/- as interest towards Flat No.A-1802 to Respondent No.5 Society from the amounts lying deposited in the present Writ Petition, within two weeks from today. iii. The balance amount, in the Registry shall be returned to the Petitioner No.1, within two weeks from today. 2/3 903-WP-6801-2019.odt iv. Respondent No.5 and the Petitioners have confirmed that neither of them have, or shall make any further claim against each other, for the maintenance dues, principal, interest or otherwise, for the period upto the date of passing

of this order. v. Respondent No.5 shall forthwith unconditionally withdraw Revision Application No.87 of 2024, pending before the District Deputy Registrar of Co-operative Societies, Mumbai-3. vi. The Respondent No.5 Society undertakes that any future bills shall be issued without adding any previous principal and/or interest or any other dues or charges including the CGST and SGST on the interest and or the late payment charges for the period prior to the date of this order from the next quarter i.e. October, 2026 to December, 2026. vii. The Petitioners and/or their licensees shall have free access to all the facilities and the Respondent No.5 will co- operate with the Petitioners in the event of the Petitioners requiring any NOC for Sale or License of the flats as per the provisions of the Maharashtra Co-Operative Societies Act, 1960, Rules, Bye-laws and Resolutions of the Society, if any such NOC is required and or sought.. [ASHISH S. CHAVAN, J.] [BHARATI DANGRE, J.] 3/3

Reproduced from the public record of the Bombay High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.