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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Amit Borkar, J
Aurum Avenue Co-op Housing Society Ltd. – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1. Rule. Rule is made returnable forthwith.
2. The present writ petition arises from proceedings initiated under Section 21A of the Maharashtra Cooperative Societies Act, 1960, at the instance of a purchasers who are not members of the petitioner-Society, seeking cancellation of its registration on the ground that the statutory conditions for registration were not satisfied at the time of its incorporation.
3. The facts and circumstances giving rise to the present writ petition, as pleaded by the petitioners, are briefly set out hereinafter:
4. The immovable property bearing Survey No. 109/4 situated at village Baner, Taluka Haveli, District Pune, forms the subject matter of the present proceedings. On 10th March 2010, a Development Agreement came to be executed by the original landowners in favour of a developer, authorising the said developer to undertake construction and development upon the said property. Pursuant thereto, on 2nd February 2013 and 27th February 2015, the Pune Municipal Corporation issued Completion Certificates in respect of the residential building constructed upon the said land. Thereafter, the petitioner-Society, comprising of the purchasers of reside
Deregistration of a cooperative society under Section 21A requires clear evidence of fraud or misrepresentation; mere procedural irregularities are insufficient.
Deregistration of a cooperative society under Section 21A requires clear evidence of fraud or misrepresentation; procedural irregularities alone do not justify cancellation.
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.
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.
An appeal under Section 152 of the Maharashtra Cooperative Societies Act is maintainable against an order of registration made under Section 9, as the registration process is governed by the MCS Act.
Deregistration under Section 21A of the Act can only be based on specified statutory grounds and not on extraneous considerations. The right to form association cannot be jeopardized based on non-sta....
A registration order under the Maharashtra Cooperative Societies Act must be reasoned to ensure accountability and compliance with statutory requirements, enabling effective judicial review.
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 pendency of a title suit cannot impede the issuance of a deemed conveyance under Section 11 of MOFA or justify the deregistration of a cooperative society under Section 21A of the MCS Act.
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