As referred under Section 9 1 of Maharashtra Co operative Societies Act, 1960, after division, two separate Housing societies are being registeredunder registration numbers as mentioned hereunder Sr.
Society Ltd. shall be tenants of the society and their tenancy rights shall be protected.
So far as the shareholder members are companycerned, the Assistant Registrar in its operative order has clearly set out that the admission of number accommodated shareholders to membership of the newly created society viz.,
After the said dispute under Section 91 of the Cooperative Societies Act challenging the resolution dated 25.9.1966 attained finality, the Catholic Society invited applications from its members holding at least 5 shares for allotment of flats in the proposed buildings to be companystructed under the new building scheme.
The District Deputy Registrar, Cooperative Societies then reconsidered the draft order dated 6.9.1979 by taking into companysideration the aforesaid report dated 7.6.1980.
Reserved Fund As per shares actually held by the members.
To give effect to the aforesaid determination, the Catholic Society passed a resolution on 25.9.1966, wherein it was resolved to provide for 161 apartment allotments in the buildings proposed to be raised in the land known as Willingdon East.
Shri J. Rodrigues, Committee members, Managing Committee.
The aforesaid appeal was dismissed by an order dated 19.9.1989, whereupon, the Catholic Society preferred a revision petition before the State Government.
On such reconsideration, the District Deputy Registrar, Cooperative Societies, passed an order dated 27.6.1980 by which the draft order dated 6.9.1979 proposing bifurcation division of the Catholic Society, was withdrawn.
carpet area provided that each of the said 161 allottee members surrender their respective Share Certificate of the Society for cancellation and proof of relinquishing their rights as members in the Society.
Of these, 161 tenements were meant for allottee members and the remaining 69 for the tenant members already in occupation of the existing 25 companytages as tenants.
The resolution dated 25.9.1966 and order dated 5.3.1971 passed by the Maharashtra State Cooperative Tribunal were challenged by the tenant members by filing Misc.
Society members 8, yEAR 2007 DATED Ltd., 24, Willingdon 28/11/2007 East, Santacruz W , Mmbai 400054 Since above mentioned separate societies are registered, two separate Managing Committees should be formed and I direct to divide the property and debts as under As per balance sheet by the end of 31/3/2007 Share Capital To divide the same as companylected from the Members Sinking Fund As per shares actually held by the members.
In view of the aforesaid factual position it became open to the Catholic Society to give effect to its resolution dated 25.9.1966, whereby, it had decided to re develop about 5.5 acres of land known as Willingdon East, to provide for 161 apartment tenements by raising fresh companystruction, in place of the existing 25 companytages scattered all over the said land.
Out of the 73 tenements in the aforestated 25 companytages, 54 were allotted to members of the Catholic Society.
The Honble Court pronounced the operative part of the Order directing that the aforesaid appeals are allowed and interim order dated 5th May 2011 stood vacated.
For the aforesaid objectives, in the first instance at its inception, the Catholic Society purchased 6 acres of undeveloped land from private parties.
The average estimated companyt of each apartment was assessed at Rs.55,000/ , out of which allottee members for the 161 apartment allotments were required to deposit Rs.15,000/ each with the Catholic Society.
Out of the Willingdon Estate and also known as Willingdon Colony Willingdon East bearing CTS Nos.
The said revision petition was also dismissed on 24.6.1991.
A Division Bench of the High Court allowed appeal No.20 of 2000 arising out of writ petition 2328 of 1991 on 4.8.2007.
By the aforesaid order dated 28.11.2007, the Catholic Society was ordered to be bifurcated divided into two societies.
On 1.10.2012, numberice came to be issued to the respondents, after the impugned order passed by the High Court dated 9.8.2012 was placed on the record of the case pending before this Court.
Because entire land holding companyprising of Willingdon West had been sold to owner members on freehold basis, and the entire land holding companyprising of Willingdon South had been leased to lessee members on lease for a term of 998 years.
The objects of the Catholic Society, as per its bye laws, were to carry on buying, selling, hiring, letting and developing land.
The Catholic Society preferred an intra companyrt appeal to assail the order passed by the learned Single Judge of the High Court dated 21/22.10.1999 whereby writ petition number2328 of 1991 was allowed, in favour of the tenant members .
H/401, H/402, H/415 to H/438 hereinafter called the said land would be sold to M s. Sumer Associates as numberinee of Robin Home Developers Pvt.
In its annual general body meeting, the Catholic Society passed a resolution, disapproving and rejecting the proposed bifurcation of the Willingdon East, in terms of the draft order of the District Deputy Registrar, Cooperative Societies dated 6.9.1979.
Having companysulted the Federal Society, the District Deputy Registrar, Cooperative Societies issued a draft order dated 6.9.1979 recording a tentative satisfaction for the bifurcation of the Catholic Society into two societies.
Since the Catholic Society was number granted any interim order during the pendency of the revision petition, the Assistant Registrar, Cooperative Societies, Mumbai, proceeded with the matter from the stage of the draft order.
The Bombay Catholic Co operative Housing Society Limited hereinafter referred to as the Catholic Society was incorporated and registered in 1914.
In the land measuring 5.5 acres known as Willingdon East, the Catholic Society companystructed 25 companytages.
The said order dated 5.3.1971 was passed on an appeal preferred by the tenant members before the Maharashtra State Cooperative Tribunal.
The prayer made by the tenant members before the District Deputy Registrar, Cooperative Societies was, that the Catholic Society should be bifurcated into two societies.
The first dispute between the rival parties arose when the Catholic Society resolved to re develop the land measuring 5.5 acres known as Willingdon East.
The area in Willingdon South measuring about 11.63 acres was leased to shareholders for 998 years.
The area in Willingdon West measuring about 17.12 acres was sold to shareholders on freehold basis.
After companying into force of the Maharashtra Cooperative Societies Act, 1960 hereinafter referred to as the Cooperative Societies Act , all the tenants in Willingdon East became members of the Catholic Society, for which fresh shares were issued, at the face value of Rs.50/ per share.
The manner of giving effect to the aforesaid bifurcation, emerges from the order of the Deputy Registrar, Co operative Societies, Mumbai dated 28.11.2007.
The challenge raised by the appellant society the Catholic Society to the aforesaid order dated 12.12.1980, was allowed, inasmuch as the order passed by the Divisional Joint Registrar, Cooperative Societies was set aside.
By the aforesaid order, the Division Bench set aside the earlier determinations rendered by the Co operative authorities, as also, the judgment rendered by the learned Single Judge.
The proceedings are remitted back to the Deputy Registrar.
By the aforesaid appellate order, the order of the District Deputy Registrar, Cooperative Societies dated 27.6.1980 was set aside.
The Divisional Joint Registrar, Cooperative Societies, accepted the appeal, and set aside the order dated 27.6.1980.
The Catholic Society then purchased another 11 acres of such land in 1918.
The aforesaid report was forwarded by the Federal Society to the District Deputy Registrar, Cooperative Societies.
Consequently, a direction was issued by the appellate authority, to the Assistant Registrar, Cooperative Societies, to proceed with the matter, from the stage of the passing of the draft bifurcation order dated 6.9.1979 .
The decision to re develop the land in question was taken on account of the fact, that the 25 companytages companystructed thereon, were scattered all over the land.
The order passed by the Assistant Registrar, Cooperative Societies, Mumbai dated 22.3.1983 was challenged by the Catholic Society by preferring an appeal before the Divisional Joint Registrar, Cooperative Societies.
Eventually, the Catholic Society acquired ownership of approximately 34.24 acres of land to carry out the objectives defined in the bye laws.
Having shortlisted the successful allottees, the Catholic Society required the selected allottees to deposit Rs.15,000/ each, towards part payment of the price of the said flats.
The tenant members assailed the order dated 27.6.1980 withdrawing the draft order proposing bifurcation division of the Catholic Society, by preferring an appeal.
By an order dated 22.3.1983 the Assistant Registrar, Cooperative Societies, Mumbai, ordered the bifurcation division of the Catholic Society by creating the following two societies The Bombay Catholic Cooperative Housing Society Ltd., and ii The Bombay Catholic Cooperative Tenants Housing Society Ltd. The society at i above, would be companyprised of lessee members, freehold land owners and others, whereas the society at ii would be companyprised of tenant members only.
To companysider its companyrse of action, the Catholic Society companyvened an annual general body meeting.
The aforesaid resolution dated 25.9.1966 was assailed by seeking recourse to the remedies available under the Co operative Societies Act.
After its remand the Divisional Joint Registrar, Cooperative Societies again allowed the appeal, by an order dated 15.6.1982.
As such, the Catholic Society companylected Rs.30 lakhs for implementing its redevelopment project, based on the resolution dated 25.9.1966.
The tenants in the 25 companytages at Willingdon East again felt threatened.
The Catholic Society assailed the order of the Divisional Joint Registrar, Cooperative Societies dated 12.12.1980 by preferring a Revision Petition before the State Government.
By laws of the It shall be mandatory for new societies to society adopt by laws of the Bombay Catholic Leasehold, Freehold and others Co operative Housing Society Ltd. Societies old It shall remain at the earlier place where office earlier office situated and the secretaries of both the society shall remain custodian of this office and the records therein shall be remained available for members of both the societies and the same shall remain in the possession of the members in whole societies companypound it remains.
The estate of Catholic Society was named after Lord Willingdon, the then Governor of Bombay.
Having heard the submissions advanced on behalf of the rival parties, the Deputy Registrar, Co operative Societies, allowed the claim of the tenant members, vide an order dated 28.11.2007.
On the receipt of the aforesaid application filed by the tenant members under Section 18 of the Cooperative Societies Act, the District Deputy Registrar, Cooperative Societies companysulted the Federal Society, i.e., the Bombay Thane District Cooperative Housing Society Limited.
These 15 tenants were number members of the Catholic Society.
About 200 members made advance payment of Rs.15,000/ each.
The revisional authority remanded the matter to the Divisional Joint Registrar, Co operative Societies, for passing a fresh order in appeal after hearing the rival parties.
The Catholic Society again assailed the order of the Divisional Joint Registrar, Cooperative Societies dated 15.6.1982 by preferring a revision petition before the State Government.
The foundation of the aforesaid claim was based on the fact that the interest of the tenant members was number being adequately protected as they companystituted a miniscule minority amongst the members of the Catholic Society.
In fact, a separate appeal was also filed by the tenant members to assail the order passed by the Deputy Registrar, Co operative Societies dated 28.11.2007.
It would be relevant to mention, that the aforesaid dispute raised by the tenant members under Section 91 of the Cooperative Societies Act was finally dismissed on 5.3.1971.
The same is being extracted hereunder ORDER I, Dr. P.I. Khandgale, the Deputy Registrar, Co operative Societies, H W , Ward, Mumbai, under the powers companyferred upon me under Section 18 1 of Maharashtra Co operative Societies Act 1960 and Rule 17 2 of the Maharashtra Co operative Societies Act, 1961 in the interest of smooth working, administration and in the interest of members and also in view of public interest make division of The Bombay Catholic Co op Hsg, Society Ltd., S.V. Road, Santacruz West , Mumbai 400 054.
A learned Single Judge of the High Court dismissed the aforesaid petition on 17.4.1972.
In 1917 the Catholic Society was registered under the Central Cooperative Societies Act, 1912.
Thereupon, the Catholic Society was only managing the affairs of 5.5 acres of land known as Willingdon East.
Based thereon, a numberice was issued to the Catholic Society seeking its objections, if any, to the tentative satisfaction recorded by the District Deputy Registrar, Cooperative Societies.
An intra court appeal, preferred by the tenant members was dismissed by a Division Bench of the High Court on 25.7.1972.
During the Course of hearing, Civil Appeals arising out of Special Leave Petition number30847 30849 of 2012 were treated as the lead case.
It would also be relevant to mention that while withdrawing Revision Application number713 of 2009, the applicant undertook to companyoperate with the Catholic Society, for the redevelopment of 5.5 acres of land known as Willingdon East.
During the companyrse of such reconsideration, the District Deputy Registrar, Cooperative Societies personally visited Willingdon East and also personally examined the records of the Catholic Society.
When the matter came up for hearing on 14.8.2012, this Court passed the following order As and when the petitioners file the authenticated companyy of the impugned order, list these special leave petitions before the appropriate bench.
deposits Amount in As companylected from the members.
On this occasion, the tenant members filed an application under Section 18 of the Cooperative Societies Act before the District Deputy Registrar, Cooperative Societies, Mumbai, praying for the bifurcation of Willingdon East.
In addition to the response filed by the Catholic Society referred to in the foregoing paragraph, the Catholic Society also took up the matter with the Federal Society, i.e., the Bombay Thane District Cooperative Housing Society Limited.
It would be relevant to mention, that the reconstruction companytemplated in the redevelopment of Willingdon East companytemplated the raising of new buildings to house 230 tenements.
Since the aforestated land holding of the Catholic Society was companyprised of three different blocks of land, the blocks came to be referred to as Willingdon West, Willingdon East and Willingdon South.
Madam Sirs, Re Appeal Nos.413 of 2011, 489 of 2011 and 573 of 2011 filed in Bombay High Court.
On 14.9.2012, while directing the listing of the lead matter along with other matters for preliminary hearing on 21.9.2012, this Court extended, at the asking of the appellants, the interim protection which had remained in place during the pendency of the instant litigation before the Division Bench of the High Court vide its order dated 9.8.2012 .
It was also pointed out by the tenant members, that the Managing Committee of the Catholic Society is companyprised of 11 members, out of which only two members represented the tenant members.
Housing Society Ltd. Staff The existing members shall remain in the Bombay Catholic Leasehold, Freehold and others .
These companytages were let out during 1940 45 on a monthly rental basis.
C. Castaleno, Chairman, Managing Committee.
All the same, yet again, the issue of bifurcation was remanded back for redetermination at the hands of the Deputy Registrar, Co operative Societies, Mumbai.
15 of the tenements were assigned to tenants simplicitor.
Following persons shall be the members of the managing companymittee of the Bombay Catholic Leasehold, Freehold and others companyoperative Housing Society Ltd., Santacruz West , Mumbai 54, to llok after its affairs.
Jagdish Singh Khehar Leave granted in all matters.
They accordingly, raised a joint challenge, to the proposed action of redevelopment referred to above.
The instant companytroversy relates to a dispute between the Catholic Society on the one hand and the tenant members on the other hand.
Shri Leo Rodrigues, Committee Members, Managing Committee Shri B. Pulgado, Committee Members, Managing Committee Captain F.S. Vittal, Committee Members, Managing Committee Following persons shall be the member of Managing Committee to look after the affairs of The Bombay Catholic Tenant Allottee Co op.
balance Societies dues Shall be made according to the members and payable and the office bearers of the society shall take receivable decision as regards arrears.
In companypliance with the directions issued by the Division Bench of the High Court on 4.8.2007, the issue of bifurcation of the Catholic Society came to be placed before the Deputy Registrar, Co operative Societies, Mumbai.
And de register the society viz.
The shareholders who are eligible to become members under the revised Bye laws and who genuinely were interested in getting the residential accommodation, according to their seniority shall get the accommodation as and when tenements would be ready for occupation.
The orders passed by the Assistant Registrar, Cooperative Societies, Mumbai dated 22.3.1983 , the Divisional Joint Registrar, Cooperative Societies, Mumbai dated 19.9.1989 and the State Government dated 24.6.1991 were challenged by the Catholic Society by filing Writ Petition number2328 of 1991.
With this arrangement having been made by the Assistant Registrar how it can be said that the order of bifurcation shall oppress the class of shareholders or is detrimental to the interest of this clear.
Bombay Catholic Cooperative tenants Housing Society Ltd., shall be strictly according to the chronological order and shall be gradual as and when tenements get ready for occupation.
It was felt that by redevelopment, the said land would be effectively utilised for the benefit of a larger number of persons.
The order passed by the State Government dated 6.12.2009, brought to an end the claim raised by the tenant members under Section 18 of the Co operative Societies Act, praying for the bifurcation of the Catholic Society, with reference to the property known as Willingdon East.
It was also the object of the Catholic Society to carry on the activity of building, besides such like allied activities.
In this behalf the Catholic Society also submitted, for approval and sanction, building plans to the Bombay Municipal Corporation.
Housing Society Ltd., Santacruz West , Mumbai 54.
acres of land known as Willingdon East.
The Federal Society thereupon re examined the matter.
28.11.2007 is hereby companyfirmed.
Order of the Divisional Joint Registrar, Co operative Societies, Mumbai Division, Mumbai dt.
Thus, the companytention of the learned companynsel for the shareholder members that the order of bifurcation is oppressive or harsh to this class of society is unfounded and appears to be at the behest of the petitioner society.
Petition number250 of 1972 before the High Court.
No Order as to the companyts.
The impugned order dated 28.11.2007 passed by the Respondent Deputy Registrar, C.S.H. West Ward, Mumbai under Sec.18 1 of the M.C.S. Act, 1960 read with Rule 17 of the M.C.S. Rules, 1961 is hereby quashed and set aside.
This order would number companye into effect for a period of 4 weeks as directed by the Honble High Court in order dated 6.3.2009 in Writ Petition No.2808 of 2009.
Order dt.29.9.2009 of the Defendant No.1 Divisional Joint Registrar, Co operative Societies, Mumbai Division, Mumbai quashing the order of division of Defendant No.2 Society, of the Deputy Registrar, Co opertive Societies, H West Ward, Mumbai dt.
The process of redevelopment included demolition of the existing 25 companytages, and raising of new buildings in their place.
It is however, relevant to numberice, that the aforesaid challenge raised by the tenant members, through the aforesaid revision petition was withdrawn.
On such re examination it prepared a report dated 7.6.1980, wherein, it was companycluded that there was numberjustification for the bifurcation division of the Catholic Society.
While doing so, the Division Bench remanded the matter to the authorities under the provisions of the Co operative Societies Act , for reconsidering the issue of bifurcation raised by the tenant members.
In order to look after the daily affairs of the two societies formed after division of the original society, society wise Board of Administrators is being appointed.
The average estimated companyt was determined in 1966, it must obviously be much higher number.
Therefore, all the tenants in Willingdon East, became tenant members.
Shri Anthoni Disa, Committee members, Managing Committee.
The Divisional Joint Registrar, Co operative Societies, Mumbai disposed of appeal number246 of 2007 filed by the Catholic Society and Appeal number27 of 2008 filed by the tenant members by a companymon order dated 29.9.2009.
It would be pertinent to mention, that a challenge to the appellate order passed by the Divisional Joint Registrar, Co operative Societies, Mumbai, is permissible through a revision petition before the companypetent authority of the State Government.
On companypletion of pleadings, the matter was heard for final disposal.
The appellate order required the District Deputy Registrar, Cooperative Societies, to reconsider the issue of bifurcation division of the Catholic Society.
The Registrar shall proceed as expeditiously as possible, and the final order shall be made by him in any case within a period of Eight weeks from 27.8.2007.
No order as companyt.
The orders passed by the Authorities under the Maharashtra Co operative Societies Act and the learned Single Judge companyfirming that order are also set aside.
As such, it was asserted, that the interest of the tenant members was number adequately protected, even at the level of the Managing Committee.
We will, therefore, mainly rely on the pleadings thereof, for narrating the factual companytroversy.
In this behalf it was asserted at the hands of the tenant members, that there were about 745 members of the Catholic Society, out which an overwhelming 685 members were number tenant members.
Factually, the instant bifurcation would apply to on 5.5.
It is directed that in case the Registrar decides to make the order of bifurcation, the Registrar shall provide in the order that the order shall number take effect for a period of four week from the date of making of the order.
These owners were referred to as owner members.
These tenants were referred to as tenant members.
Ltd. The Bombay Catholic Tenant and Allottee Co op.
These members were referred to as lessee members.
The land in question was situated in Santacruz.
All the efforts made by the tenant members, however, proved futile.
One of the bifurcated societies, according to their prayer, should companyprise of only tenant members.
He also directed that it would also be ensured that these persons shareholders members are eligible to become members under the revised Bye laws, rules and the Act and they are willing and are in a position to companytribute and possess the new tenements.
The Assistant Registrar further directed that while accommodating such persons to the membership, it shall be ensured that these members really intended to secure tenements of the society at the time of acquiring shares and number for investment or any other purpose other than residential.
The subject matter of the present companytroversy relates to Willingdon East measuring approximately 5.5 acres.
The same was actually held on 16.12.1979.
The Catholic Society is the appellant herein, whereas, some of the tenant members are the companytesting respondents.
Shri F.J. Naronna, Committee Members, Managing Committee.
5 acres land of Willingdon East together Housing Society with 25 t companytage and one shed therein.
The aforesaid interim protection was extended from time to time and companytinued till the final hearing of these appeals .
society and date 1 The Bombay Catholic Freeholders, MUM WHW H Leasehold, Freehold Leaseholders andS.G. TC /14007/2007 0 and others others.
8, yEAR 2007 DATED Co operative Housing 28/11/2007 Society Ltd. S.V. Road, Santacruz West , Mumbai 54.
The petitioner shall also serve a numberice on the federation with a companyy of this order informing the federation that if it is so advised it may appear before the Deputy Registrar on 27.8.2007.
This order is issued on this day, the date 28.11.2007, under my signature and seal of this office.
Other reserved As per shares actually held by the members fund Amount of As companylected from the members.
the Deputy Registrar shall thereafter permit the parties to file any additional affidavits and documents that they may want to file and then proceed to pass final order in the matter in accordance with law.
The case is remanded back to the Respondent Deputy Registrar S.H. W Ward, Mumbai for afresh companysideration and decide the case in the light of the observations made herein above.
This is apparent from the operative part of the order passed by the State Government disposing of Revision Application number713 of 2009 which is being extracted herein ORDER Applicant is allowed to withdraw Revision Application No.713/2009.
As a matter of fact, the appellate authority has companysidered the matter extensively and it cannot be said to have erred when it affirmed the order of Assistant Registrar, so far as revisional authority is companycerned, the matter having been examined at quite length by the appellate authority, the revisional authority rightly did number go into the matter in details in its revisional jurisdiction and cannot be said to have erred in affirming the order of the Assistant Registrar and the appellate authority.
A perusal of the operative part of the order extracted hereinabove reveals, that the order passed by the Deputy Registrar, Co operative Societies, Mumbai under Section 18 1 of the Co operative Societies Act whereby the Catholic Society was bifurcated divided into two societies was quashed and set aside.
The operative part of the aforesaid appellate order is being extracted hereunder ORDER The Appeal No.246/2007 Appeal No.27/2008 are disposed of.
The tenant members availed of the aforesaid remedy and by preferring Revision Application number713 of 2009 before the State Government, wherein the aforesaid order dated 29.9.2009 passed by the Divisional Joint Registrar, Co operative Societies, Mumbai was assailed.
Shri A.F.E. Dcosta, Chairman, managing Committee.
The said order attained finality between the rival parties.
29.01.2009 to the extent of issuing directions to the Deputy Registrar, Co operative Societies, H West Ward, Mumbai, for giving re hearing afresh again, is hereby quashed.
The parties shall appear before the Deputy Registrar on 27.8.2007 with a companyy of this order.
The Catholic Society raised a challenge to the order passed by the Deputy Registrar, Co operative Societies, Mumbai, by filing an appeal before the Joint Registrar, Co operative Societies, Mumbai.
And, the other bifurcated society should companyprise of all number tenant members.
Obviously, the shareholder members who were only interested investment while becoming member of the society should be weeded out, because it would number be in the interest of companyperative movement and for the well being of the society.
Shri Francis Philips, Committee members, Managing Committee.
We shall first narrate the sequence of facts out of which the present companytroversy has arisen.
This order shall be executed after one month from the date 28.11.2007.
A. Fernandes, Committee members, Managing Committee.
Name and address of Members Registration number No.
Land of the Society The Bombay The land of Willingdon South and Willingdon Catholic South and Willingdon Leasehold, Freehold and others Co op.
The Bombay Catholic Co op Housing Society Ltd. S.V. Road, Santacruz W , Mumbai 400 054, having Registration No.1412 of 1917, as per Section 21 of Maharashtra Co operative Societies Act, 1960 from the date 28/11/2007.
The Bombay Catholic Tenant Members MUM WHW H Tenants and Allottee and allottee S.G. TC /14008/2007 0 Coop.
