Bombay HC stays order against housing society ‘at behest of BJP MLA’, Legal News, ET LegalWorld – Legal Firms

MUMBAI: The Bombay high court has stayed an order passed by the assistant registrar, cooperative societies (suburbs), appointing an administrator and directing freezing of the bank account of a Goregaon (east) housing society at the behest of BJP’s Borivli MLA Sunil Rane.

“It is apparent that the impugned order dated September 21 has been passed by respondent 2 (registrar) at the instance of Mr Sunil Rane MLA and that too without hearing the petitioner society,” said Justice Sandeep Shinde in his order last month.

SBI, Gokuldham branch, has been told to allow the society to operate its account and the court asked the registrar to justify his order by filing an affidavit by November 29, the next date of hearing.

The order came after Mantri Serene CHS challenged the “highhanded and illegal” action of the assistant registrar. His order had referred to an October 5, 2021, letter sent by Rane to then cooperation minister Balasaheb Patil.

Developer Sunil Mantri’s son Siddhant claimed to have purchased six flats and had sought membership of the CHS. Serene’s petition said the society was opposed because Mantri Realty Ltd is under liquidation and HC has appointed a liquidator in respect of all its properties, including the flats in the society’s building.

The assistant registrar on November 3, 2021, ordered the society to grant him membership. The society appealed, but it was dismissed on April 26, 2022, by the cooperation minister.

On July 7, 2022, the authorised officer appointed by the registrar visited the society and enquired why the share certificate was not issued. The committee members said Siddhant had not submitted the original sale agreements. He returned on July 23 and was told two flats were shown as a single duplex and Siddhant wanted two share certificates, which cannot be issued.

On August 24, the assistant registrar directed the tehsildar and executive magistrate to take possession of the society’s records and hand them to the authorised officer to issue the share certificate. On September 19, the officer took signatures of two committee members on the share certificates by threatening to register an FIR. On September 22, the society learnt from the bank that their account is frozen.

The society’s advocates, Amogh Singh and Atul Singh, said the order was passed without any notice or hearing given to the society. “Powers cannot be exercised at the instance of political leaders,” Amogh Singh submitted.

The state’s advocate sought time to take instructions.