Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR, J
Navi Mumbai Merchants Chambers, A Company – Appellant
Versus
Arjun Krishnarao Deshmukh, Chief Promoter Of Merchants’ Centre Premises Coop. Society Ltd. – Respondent
| Table of Content |
|---|
| 1. petitioner challenges registration order (Para 1) |
| 2. background of the development agreement (Para 2) |
| 3. previous court orders and appeals (Para 4 , 5) |
| 4. petitioner's argument on unit representation (Para 6) |
| 5. respondents' defense of registration (Para 7) |
| 6. cidco's position on lease termination (Para 8) |
| 7. judicial scrutiny of arguments (Para 9) |
| 8. court's interpretation of 'promoter' (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 9. court's dismissal of the writ petition (Para 27 , 28 , 29) |
| 10. request for status quo rejected (Para 30) |
JUDGMENT :
1. The petitioner takes exception to an order dated 20th August 2019 passed by the Minister for Cooperation, Mantralaya, Mumbai, granting registration under Section 10 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Manager and Transfer) Act, 1963 (“MOFA Act” for short) in respect of plot bearing No.4, Sector 19, Vashi, Navi Mumbai in favour of respondent No.1.
3. On the failure of respondent No.3 to form a society, respondent No.1, having secured the minimum number of persons required to constitute a co-operative society who had taken flats, filed
The court affirmed that a promoter must be included as a member for cooperative society registration under the MOFA Act, ensuring compliance with statutory requirements.
The court affirmed that flat purchasers have the statutory right to form a co-operative society independent of any existing company, as mandated by the MOFA Act.
The statutory rights of flat purchasers to form a co-operative society under the MOFA Act cannot be overridden by contractual obligations to join a defunct entity.
Promoters must disclose the precise nature of the organization (cooperative society or otherwise) in agreements, and unilateral declarations that lack collective consent do not comply with statutory ....
The court emphasized that registration of a Cooperative Housing Society without following proper jurisdictional authority and principles of natural justice is void ab initio.
The Competent Authority under MOFA cannot adjudicate title disputes; it must fulfill statutory obligations to issue deemed conveyance to the Society.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
