1 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.9203 of 2009 AND Writ Petition No.9204 of 2009 Saraf Premises Co-op Society Ltd. ..Petitioner Vs. Divisional Joint Registrar & Anr. ..Respondents Mr.Suneet Moholkar i/b Mr.Gabriel Pillai for Petitioner Mr. N.N.Bhadrashete for Respondent No.2 Mr. R.M.Patne AGP for Respondent No.1 CORAM : SMT.ROSHAN DALVI, J. DATED : 7th January, 2010 P.C. : 1.Rule. By consent made returnable forthwith. 2.The Petitioner-society in which the premises is sought to be transferred to Respondent No.2, has filed a Writ Petition, challenging the order of the Divisional Joint Registrar, Co-operative Societies, Mumbai Division, Mumbai dated 09.07.2009, rejecting the Revision Application filed against the order of the Assistant Registrar, Co-operative Societies,  C Ward, Mumbai u/s 2 22(2) of the Maharashtra Co-operative Societies Act, 1960 (the Act). 3.Respondent No.2 has transferred the premises of one of the members of the Petitioner-Society under the registered Deed of Purchase dated 15.11.2006. This Deed of Purchase came to be executed after the Society issued No Dues Certificate dated 06.11.2006 in respect of the premises sought to be transferred. 4.The society has not transferred the membership. Respondent No.2 applied u/s 22(2) of the Act before the Assistant Registrar, Co-operative Societies. The Assistant Registrar passed an order allowing the transfer of membership. The Revision filed against that order has been rejected. 5.It has to be seen whether the membership is transferable and is validly transferred. The transfer of membership has nothing to do with any extraneous matter, such as making certain additions and alterations in the premises held by transferor for his membership and which is sought to be transferred (See Videocon Appliances Ltd. vs. Maker Chambers V Premises Co-op Socy. Ltd; 2006 (1) Bom.C.R.6) 6. The transfer of membership would transfer only share 3 which the member held and the shares which the member held denote only the original premises which the member was allotted or was earlier transferred. Consequently, transfer of membership cannot regularised anything which is irregular or unauthorised or illegal in the premises. 7.Consequently, it is seen that the orders of the Assistant Registrar as well as the Divisional Joint Registrar are correct and cannot be challenged. The Only clarification that may be made is that the unauthorised occupation of any part of the Society premises or unauthorised extension of the premises purchased, shall not be rendered authorised by virtue of transfer of membership. The dispute, which is now pending with regard to the addition in the premises transferred to Respondent No.2, shall be independently decided. 8.Rule is made absolute accordingly. (SMT.ROSHAN DALVI, J.)