SHREESH KUMAR AND ORS vs BRAMHA SUNCIETY COOPERATIVE HOUSING SOCIETY LTD AND ORS

CNR No : HCBM010438792023 Neeta Sawant WP-15261-2023 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15261 OF 2023 Mr. Shreesh Kumar and Others. ...Petitioners V/s. Bramha Suncity Co-operative Housing ...Respondents Society Ltd. And Others. ________________ Mr. Sitesh Sharma with Mr. Vijay Upadhyay & Ms. Sakshi Upadhyay, for the Petitioners. Mr. Shailendra S. Kanetkar with Mr. Pranay Kothari, for Respondent No. 4. ________________ CORAM: SANDEEP V. MARNE, J. JUDGMENT RESD. ON : 29 June 2026. JUDGMENT PRON. ON: 8 JULY 2026 JUDGMENT : 1) The issue that arises for consideration in this petition is whether the powers of a Co-operative Court to implead parties under Section 94(3)(c) of the Maharashtra Co-operative Societies Act, 1960 (MCS Act) is restricted to impleadment of only persons enumerated PAGE NO. 1 of 30 8 JULY 2026 Neeta Sawant WP-15261-2023 under Section 91(1)(a) to (e) and pendente-lite purchasers or is it permissible to implead to the dispute other persons as well. 2) The issue arises in the light of challenge raised by the Petitioners to the order dated 19 August 2023 passed by the Co-operative Appellate Court, Pune dismissing Rev