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JUDGMENT :
AMIT BORKAR, J.
1. Since the factual matrix, the surrounding circumstances, and the questions of law arising in all these petitions are substantially identical, they are being disposed of by this common judgment.
2. In Writ Petition No.11982 of 2025, the petitioner assails the order dated 21 August 2025 passed by the Divisional Joint Registrar in Revision Application No.217 of 2025, whereby the order dated 9 June 2025 passed by the Assistant Registrar permitting the Chief Promoter of respondent No.9 society to open a bank account in the name of the proposed society came to be confirmed.
3. In Writ Petition No.11988 of 2025, the challenge is to the order dated 21 August 2025 passed by the Divisional Joint Registrar in Appeal No.61 of 2025, by which the order dated 17 June 2025 passed by the District Deputy Registrar was affirmed. By the said order dated 17 June 2025, the District Deputy Registrar rejected the petitioner’s application under sub section (1) of Section 10 of the Maharashtra Ownership Flats Act, 1963 on the ground that the developer had already initiated steps for formation of a cooperative society and that permission had been granted by the Assistant Registrar t
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.
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.
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 Deputy Registrar lacks jurisdiction to adjudicate membership and ownership disputes under Section 154B-27 of the Maharashtra Cooperative Societies Act, which only allows for enforcement of existi....
A registration order under the Maharashtra Cooperative Societies Act must be reasoned to ensure accountability and compliance with statutory requirements, enabling effective judicial review.
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