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Maintainence dues Interest charges recovery of dues
22-Jan-2026 (In Supreme Court Law)
My writ petition challenging recovery proceedings by my co-operative housing society under Sec. 154B-29 MCS Act was dismissed by the Bombay High Court on 21-01-2026 (WP 324/2026). The Court held that the society filed “detailed account extracts from 2006 onwards”, but on examining the Registrar’s record, no such complete year-wise accounts appear to have been filed. Is a review petition maintainable on the ground that the judgment proceeds on an incorrect factual assumption? Ny remedy apart SLP?
Yes. Review is maintainable if the judgment proceeds on an apparent factual error (non-existent record), amounting to error apparent on record. Remedy: review/recall before HC; rectification is limited, SLP remains open.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Yes. Review is maintainable if there is an error apparent on record or judgment rests on a wrong factual assumption. You may file a review pointing out Registrar’s record. Alternatively, seek clarification/modification or pursue statutory remedies besides SLP.
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Adv. Pankaj Bajaj
Pune | 700+ Answers
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