*1* wp.1919.11.902.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1919 OF 2011 Pujari Apartments Co-operative Housing Society Limited. ..Petitioner -versus- The Divisional Joint Registrar, Co-operative Societies, Mumbai and others. ..Respondents ............ Mr.V.K.Sharma, for the Petitioner. Mr.P.R.B. Nair, Respondent No.3, present in person. ............ CORAM : S.C.DHARMADHIKARI, J. Date : 11th October, 2011. P.C.: 1 A cooperative housing society has approached this Court challenging the order passed by the Divisional Joint Registrar, Cooperative Societies, Mumbai Division dated 17.01.2011 in Revision Application No. 92/2007. 2 It is rather strange that the cooperative housing society is raising dispute in relation to the nomination made by the deceased member in favour of the Respondent No.3 when it is clear to the Society that the disputes and all contentions in relation thereto cannot be decided in a limited jurisdiction of the authorities under the Maharashtra Cooperative Societies Act, 1960. The undisputed factual position is that the Respondent No.3 is occupying Flat No.4 since 1993 in the Petitioner Society, namely, Pujari Apartments Cooperative Housing Society Limited, Deonar, Mumbai-400088. The original member Smt.T.V.Balakrishnan expired on 01.05.2001 and thereafter, the Respondent No.3 submitted an *2* wp.1919.11.902.sxw application along with necessary documents with request to admit him as member of the Society and issue a share certificate in his favour. That request was refused and therefore, the Respondent No.3 approached the Deputy Registrar under sections 22 and 23 of the Maharashtra Cooperative Societies Act, 1960. However, the Deputy Registrar passed an order dated 28.12.2006 and aggrieved thereby, the Respondent No.3 approached the Revisional Authority. 3 The Deputy Registrar in his order held that the nomination form has not been signed nor has the Respondent No.3 certified anywhere that the deceased nominated him, therefore, the appeal cannot be accepted. 4 The Divisional Joint Registrar by the impugned order, in my opinion, rightly held that the original member nominated the Respondent No.3 in her lifetime. The Society did not dispute this fact and all that they urged is that the nomination is not proper so it is not recorded in the register of the Society. The nomination form was given in the year 1997. If that was not proper, it could have been pointed out to the deceased in her lifetime. However, for the first time, such a plea was taken in the year 2006 and after the death of deceased in the year 2001, therefore, there cannot be any question of nomination form being corrected. 5 The only apprehension of the Society appears to be that somebody else will come forward to claim the rights of the deceased and to reside and occupy the flat. That can be taken care of by directing that the Respondent No.3 should execute a Deed of Indemnity in favour of the Society indemnifying against all claims in relation to the flat and upon such indemnity being issued in favour of the Society, the order of the Divisional Joint Registrar can be allowed to be implemented. The Divisional Joint Registrar has rightly held that any disputes in relation to *3* wp.1919.11.902.sxw the right, title and interest to the immovable property/flat are out of the purview of the authorities under the Maharashtra Cooperative Societies Act, 1960. In these circumstances, the order under challenge does not require any interference in writ jurisdiction. The Writ Petition is devoid of any merits and it is, accordingly, dismissed. No costs. 6 However, it is directed that the Respondent No.3 shall execute a Deed of Indemnity in favour of the Petitioner Society indemnifying against all claims of all persons or heirs of the deceased in relation to the said flat. Upon such indemnity in favour of the Petitioner Society, the Society shall admit the Respondent No.3 as member of the Society and issue a share certificate in his favour. 7 The Writ Petition is, accordingly, dismissed. No costs. (S.C. Dharmadhikari, J)