Mumbai surgical oncologist gets interim protection in Rs 1.42 lakh housing society maintenance dispute

Mumbai: The Maharashtra State Co-operative Appellate Court has granted interim protection to a doctor against being labelled a defaulter by his housing society over unpaid maintenance dues. 

The case concerns Rs 1.42 lakh in maintenance charges allegedly owed by the doctor, who owns a ground-floor flat in the society. He maintained that he was willing to pay the dues but had not received maintenance bills from the society since 2014.

The society alleged that the doctor had repeatedly failed to pay the outstanding amount and sought recovery of the dues along with 18% simple interest. Its managing committee decided to issue a payment notice in August 2020, followed by a legal notice on January 16, 2021.

The doctor challenged the society’s claim and sought an order preventing it from declaring, publishing or displaying him as a defaulter until the dispute was decided. He submitted that such identification could damage his professional reputation, as he works as a surgical oncologist and is also involved in teaching medical students and serving as an examiner.

In its order dated September 11, 2026, the appellate court considered a letter issued by the Deputy Registrar of Cooperative Societies, Mumbai, on September 14, 2020. The letter indicated that the society had not issued maintenance bills to the doctor since 2014. It also raised questions about whether cheques submitted by him had been refused or not deposited by the society.

The court observed that these documents raised doubts about the society’s claims and conduct, which could not be conclusively assessed at the interim stage. It also took note of the society’s application before the trial court seeking withdrawal of the dispute.

The court ruled, “Thus, considering the documents produced on record by the opponent, prima facie, at this stage, a cloud is raised on the claim and functioning of the Disputant Society, which cannot be affirmatively decided at this stage ”, TOI reported. 

The appellate court held that labelling the doctor a defaulter before the matter was resolved could cause irreparable harm to his reputation and affect his rights as a society member. It further noted that the interim protection would not prevent the society from pursuing recovery if the dues were established.

The order provides temporary protection to the doctor. The dispute over the maintenance dues has not been finally adjudicated.