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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N.JADHAV
Deshmukh Enterprises through Promoter Dilip Sudhakar Deshmukh – Appellant
Versus
Paramount Park D. Tenant Co-Op Housing Society Ltd. – Respondent
JUDGMENT :
MILIND N. JADHAV, J.
1. Heard Dr. Warunjikar, learned Advocate for Petitioner, Mr. Khandeparkar, learned Advocate for Respondent Nos. 1 to 3 & 5 to 10, Mr. Keluskar, learned Advocate for Respondent No. 10, Mr. Butala, learned Advocate for Respondent No. 10 and Mr. Patil, learned AGP for Respondent No.12– State.
2. This is a Writ Petition filed by Promoter / Developer of a Housing Society. His name is Deshmukh Enterprises (for short “Promoter”). It emanates from an application made by Paramount Park D Wing Tenant Cooperative Housing Society Ltd (for short “Society”) seeking registration. The timeline and dates are crucial as also certain incidents. Promoter sold flats to members of the Society as far back in 2011. In this regard, the registered Agreement executed with Members of Society, Promoter agreed to register the Society under Maharashtra Ownership of Flats Act, (for short “MOFA”) or (Maharashtra Apartments Ownership Act (for short “MAO”) as the case may be depending upon phase wise development undertaken by him. Without adverting to Promoter , Society applied for registration under MOFA on 27.07.2020 and was registered within two days by Deputy Registrar, Dombivli - R
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 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.
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 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 deemed conveyance under MOFA can apply to composite societies, despite differing member agreements, emphasizing equitable treatment and the necessity of proper procedural comp....
The registration of a Federal Society under the Maharashtra Co-operative Societies Act must comply with the provisions of both the MCS Act and RERA, and is contingent upon project completion.
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