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ARTICLE · 23 SEPTEMBER 2025

Bombay High Court Limits Co-operative Societies To Statutory Transfer Fee

Shardul Amarchand Mangaldas & Co
Shardul Amarchand Mangaldas & Co
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The Bombay High Court recently dismissed a writ petition filed by Tirthankar Darshan Co-operative Housing Society Ltd. ("Society") challenging orders of the Deputy Registrar and the Divisional Joint Registrar.

IndiaLitigation, Mediation & Arbitration
Ashoo Gupta
Ashoo Gupta
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The Bombay High Court recently dismissed a writ petition filed by Tirthankar Darshan Co-operative Housing Society Ltd. ("Society") challenging orders of the Deputy Registrar and the Divisional Joint Registrar. The case arose from the Society's refusal to admit two shop purchasers as members and its demand for a "welfare fee" in addition to the statutory transfer fee.

This ruling clarifies the legal limits on a co-operative society's power to levy additional charges during membership transfers and underscores the restricted scope of judicial review over the decisions of co-operative authorities.

Facts

Respondents Nos. 4 and 5 ("Respondents") purchased Shop No. 4 in the Society's premises through a registered sale deed dated 24 July 2019. They subsequently applied for membership under the Maharashtra Co-operative Societies Act, 1960 ("Act").

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