Co-operative Society Flat Allotments, Arbitrary Resolutions, and Balancing Equities in Additional Construction Disputes

sketch of the Bombay High Court
Case
DR. OMPRAKASH BANKATLAL SONIMINDE AND ANR v. LE CHATEAU CO-OP HSG. SOC. LTD. AND ORS (Bombay High Court, 24-09-2026)
Law
Maharashtra Co-operative Societies Act, Constitution of India.

Highlights of the Judgment:

  • Detailed examination of co-operative housing society powers regarding the allotment of additional flats constructed using TDR and FSI.
  • Legal scrutiny of arbitrary resolutions favoring third-party contractors and relatives under the pretext of clearing construction dues.
  • Application of equitable principles and the doctrine of unjust enrichment to rectify perverse concurrent findings of lower co-operative courts.
  • Jurisprudential analysis of distinct causes of action and whether the pendency or dismissal of a separate dispute bars alternative reliefs.
  • High Court intervention under Article 227 to mold relief and balance equities between defaulting members and third-party allottees.