Bombay High Court
Ajit Vasant Karnik Since Deceased ... vs Bharti Uday Karnik Throu. Poa Neha ... on 15 December, 2025
Author: Amit Borkar
Bench: Amit Borkar
23-wp-522-2024.doc
Shabnoor
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.522 OF 2024
SHABNOOR
AYUB Ajit Vasant Karnik (Since Deceased)
PATHAN Through Legal Heirs ... Petitioners
Digitally signed by
SHABNOOR AYUB
PATHAN
V/s.
Date: 2025.12.15
16:06:45 +0530 Bharti Uday Karnik
Through Power of Attorney
Neha Harshad Phadnis & Anr. ... Respondents
Mr. Ram S Apte, Sr. Advocate, i/b Mr. Saurabh Oka, for
the Petitioners.
Mr. Ashish Gogate, for Respondent Nos.1 & 2.
CORAM : AMIT BORKAR, J.
DATED : DECEMBER 15, 2025
P.C.:
1. Arguable questions are raised. Hence, Rule.
2. Prima facie, it appears that the dispute between the parties arises out of the provisions of Section 30 of the Maharashtra Cooperative Societies Act, 1960 ('the MCS Act'), as it stood prior to the introduction of Chapter VIIIB of the MCS Act. If the grievance of the disputants is that the society has refused to enroll the petitioners as members by virtue of their status as legal representatives of the original deceased member, the appropriate remedy available to such persons is to challenge the action of the society refusing membership under Section 23(2) of the MCS Act, 1 ::: Uploaded on - 15/12/2025 ::: Downloaded on - 15/12/2025 20:34:48 ::: 23-wp-522-2024.doc particularly since questions relating to refusal of membership are expressly excluded from the scope of disputes under Section 91 of the MCS Act.
3. Hence, there shall be interim relief in terms of prayer clause
(b).
(AMIT BORKAR, J.) 2 ::: Uploaded on - 15/12/2025 ::: Downloaded on - 15/12/2025 20:34:48 :::