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2021 Supreme(Online)(Bom) 381

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.D.DHANUKA, V. G.BISHT
CIPLA Limited – Appellant
Versus
Competent Authority and The District Deputy Registrar, Co-operative Society, Mumbai – Respondent


Advocates appeared:
For the Petitioner  in WPL/3706 of 2019 and WPL/1186/2021:Mr.Vineet Naik, Senior Advocate a/w Ms.Bindi Dave, Mr.Ieshan Sinha, Mr.Aayesh Gandhi i/by M/s.Wadia Ghandy & Co,
For the respondent-State: Mr. Kedar Dighe, Asst. Government Pleader
For the applicant no.1 in IA(L)/7183/2020 :Mr.Prateek Seksaria a/w Mr.Saket Mone, Mr.Subit Chakrabarti, Ms.Radhika Kulkarni, Mr.Vishesh Kalra and Mr.Abhishek Salian i/by M/ s.Vidhii Partners for the respondent nos.3 and 4 in WPL/3706/2019, WPL/7586/2020 and WPL/1186/2021
For the applicant no.2 in IA(L)/7183/2020 :Mr.Mayur Khandeparkar a/w Mr.Vikramjit Garewal and Ms.Kalyani Shukla for the respondent no.5 in WPL/3706/2019, WPL/7586/2020 and WPL/1186/2021
For the applicant in IA/1/2020 in WPL/3706/2019 : Mr.Vishal Kanade a/w Mr.Zaosh Irani i/by M/s.Yashmin Bhansali & Co
For the respondents-M.C.G.M.: Ms.Trupti Puranik

Judgement Key Points

The registration of a condominium involves a structured legal process that ensures compliance with statutory requirements. The process typically begins with the preparation of a detailed plan and declaration, which must be executed jointly by all owners or developers involved (!) . This joint execution is crucial to establish the legal rights and responsibilities of each party and to ensure the validity of the registration.

Subsequently, the declaration and related documents must be submitted to the appropriate registering authority, often the Registrar or a designated government body responsible for property and condominium registrations (!) . Proper communication with this authority, including timely submission of all required documents, is mandatory and must adhere to prescribed procedural standards.

Furthermore, the registration process necessitates that all statutory formalities, such as notarization, affixation of stamps, and verification of ownership, are meticulously followed (!) . Any failure to execute the declaration jointly, or to submit the documents correctly and in accordance with legal requirements, can render the registration invalid or incomplete.

In summary, the registration of a condominium is a process governed by strict procedural and substantive legal provisions. Compliance with these requirements ensures the validity of the registration, while deviations or non-compliance can lead to legal challenges or invalidation of the registration status.


Judgment

(per R. D. Dhanuka, J.) :-

Rule.Learned counsel appearing for the respondents waive service. By consent of parties, writ petitions are heard finally. By these three writ petitions filed under Article 226 of the Constitution of India, the petitioners have impugned the order dated 9th October 2019 passed by the respondent no.1 and have impugned the Certificate of Registration dated 22nd October 2019 issued by the respondent no.2 in favour of the respondent no.4 society. Interim Application No.1 of 2020 is filed by the HDFC Bank Limited interalia praying for impleadment of the applicant as a petitioner or the respondent in the Writ Petition (L) No.3706 of 2019 filed by the CIPLA Limited. Interim Application (L) No.7183 of 2020 is filed by the applicants (original respondent nos.4 and 5) in Writ Petition (L) No.3706 of 2019 filed by CIPLA Limited inter-alia praying for modification of the order dated 19th December 2019 and continuation of the status quo order vide orders dated 19th December 2019, 17th March 2020, 22nd May 2020, 23rd June 2020 and 26th June 2020 in Writ Petition (L) No.3706 of 2019 and seeks liberty to permit the applicants to sign and effectually implement the c

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