SANDEEP V. MARNE
Meru Heights Co-operative Housing Society Limited – Appellant
Versus
State of Maharashtra – Respondent
Certainly. Based on the provided legal document, here are the key legal points:
The power of de-registration of a society under Section 21A of the MCS Act is a drastic measure that should only be exercised in cases involving a gross misrepresentation or fraud by the promoters or members of the society. Minor irregularities or discrepancies do not justify such an action (!) (!) .
The de-registration process requires the Registrar to record a clear satisfaction that the society was registered on misrepresentation, and such misrepresentation must be substantial enough to warrant the drastic step of de-registration (!) (!) .
The failure to issue notice to the developer or promoter before registration of the society does not, in itself, constitute misrepresentation or fraud, especially when the relevant provisions do not mandate such notice. The right of majority apartment owners to remove the property from the provisions of the Apartment Ownership Act is lawful and does not necessitate prior notice to the developer (!) (!) .
The amendments to the relevant statutes, particularly the provisions allowing majority of apartment owners to remove a property from the provisions of the Apartment Ownership Act, have created a lawful right for such removal, which can be exercised without the developer's prior hearing or notice (!) (!) .
The registration of a cooperative society after such removal is permissible, provided the process adheres to the statutory requirements and is not tainted by fraud or misrepresentation. Payment of stamp duty and the manner of resolution adoption are not, by themselves, indicative of fraud (!) (!) (!) (!) (!) .
The exercise of the right to remove the property from the provisions of the Apartment Ownership Act and to form a cooperative society is valid when done by majority resolution, especially after the property has been lawfully removed from the Act's scope. The existence of prior litigation or judgments does not bar subsequent lawful actions by the flat owners (!) (!) .
Minor discrepancies or procedural irregularities in the registration process, such as minor document deficiencies or the timing of stamp duty payment, do not amount to misrepresentation or fraud. The order of registration, especially when promptly issued, is not necessarily illegal or fraudulent (!) (!) (!) .
The order of de-registration, when based on a misinterpretation of the law or on minor irregularities, is liable to be set aside. The courts emphasize that de-registration should only occur in clear cases of misrepresentation or fraud, and not on technical or procedural grounds (!) (!) .
The right of flat owners to form or reform their society, especially after lawful removal from the provisions of the Apartment Ownership Act, is protected, and actions taken in exercise of this right are lawful unless proven to be fraudulent (!) (!) .
The process of passing resolutions, executing instruments, and registering societies, when done in accordance with the law and without evidence of fraud, is valid. The court found that the actions of the majority in adopting resolutions and registering the society were lawful and not fraudulent (!) (!) (!) .
In summary, the judgment underscores that the power of de-registration under Section 21A is extraordinary and should only be exercised in cases of gross misrepresentation or fraud. The rights of majority apartment owners to remove their property from certain statutory provisions are recognized and protected, and procedural irregularities or minor discrepancies do not automatically invalidate such actions or the subsequent registration of cooperative societies.
JUDGMENT :
1. Rule. Rule is made returnable forthwith. With the consent of the learned counsel for parties, Petition is taken up for hearing.
2. By this Petition, Petitioner–Society challenges Order dated 27/12/2021 passed by the Divisional Joint Registrar, de-registering the Society under the provisions of Section 21A of The Maharashtra Co-operative Societies Act, 1960 (‘MCS Act’) as well as the Order dated 21/06/2022 passed by the Minister–Cooperation rejecting Petitioner’s appeal.
3. Briefly stated, facts of the case are that Respondent Nos.5 and 6 are the developers/promoters in respect of the building named Meru Heights. Completion Certificate in respect of the building was issued by the Municipal Corporation on 08/11/2011. Respondent Nos.5 and 6 instituted agreements for sale of flats in the building with Petitioners who are flat purchasers. Respondent Nos.5 and 6 executed and registered a Deed of Declaration dated 30/11/2006 under the provisions of the Maharashtra Apartment Ownership Act, 1970 (‘Apartment Ownership Act’). A Supplementary Deed of Declaration was executed on 14/05/2009 thereby framing bye-laws for the Condominium. Some of the flat purchasers desired to form a coo
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.