Bombay High Court
NEELKANTH WOODS VILLA OWNERS CO OP HSG SOCversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The order rejecting registration was set aside, and the Registrar was directed to grant registration as the statutory provisions override the contractual clause.
Summary
The petitioner, Neelkanth Woods Villa Owners Co-operative Housing Society, filed a writ petition challenging the District Deputy Registrar's order rejecting its registration under Section 10 of the Maharashtra Ownership Flats Act (MOFA). The Registrar had relied on a contractual clause in consent terms from a prior civil suit to deny registration. The petitioner argued that under Section 16 of MOFA, statutory provisions override any private agreement that conflicts with the law. The court held that the Registrar erred in using the contractual clause as a ground for denial and that the society meets all statutory requirements for registration. Consequently, the order was set aside and the Registrar was directed to grant registration within eight weeks. The petition was allowed and disposed.
Issues considered
- Whether the competent authority can deny registration of a cooperative society on the basis of a contractual clause contrary to Section 16 of the Maharashtra Ownership Flats Act
- Whether the statutory provisions of Section 10 of MOFA are paramount over private consent terms in the context of society registration
Legislation cited
Subjects
- cooperative society registration
- Section 10 MOFA
- Section 16 MOFA
- contractual clause
- consent terms
- competent authority
- writ petition
- civil appellate jurisdiction
Judgment
Neeta Sawant 912-WP-8307-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8307 OF 2026
Neelkanth Woods Villa Owners Co- ...Petitioner
op. Hsg. Soc., Through Chief
Promoter Mr. Vrundavan Pandurang
Wani
: Versus :
State of Maharashtra & Ors. ...Respondents
Mr. Shriram Kulkarni a/w. Mr. Mangesh J. Nalwade, Ms. Asmita N.
Rajbhar, Mr. Yash Naik i/b. Upshot Legal, for the Petitioner.
Mr. Karl Tamboly with Aruppeverra i/b. Mr. Jayesh Joshi, for Respondent
No.4.
Ms. S.D. Chipade, AGP for State.
CORAM: SANDEEP V. MARNE, J.
DATED: 24 SEPTEMBER 2026.
P.C.:
1) The Petition challenges order dated 4 June 2026 passed by
the District Deputy Registrar, Co-operative Societies, Thane and
Competent Authority (Competent Authority) rejecting the application
submitted by the Petitioner for its registration under Section 10 of
Maharashtra Ownership Flats (Regulation of the Promotion of
Construction, Sale, Management and Transfer) Act, 1963 (MOFA).
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Thursday, 24 September 2026
Neeta Sawant 912-WP-8307-2026.docx
2) I have heard Mr. Kulkarni, the learned counsel appearing
for the Petitioner and Mr. Tamboly, the learned counsel appearing for
Respondent No.4.
3) At the very outset, Mr. Tamboly submits that Respondent
No.4 does not per-se has any objection to registration of the Petitioner-
society. He however invites my attention to the Consent Terms filed in
Regular Civil Suit No.42/2013. He submits that Respondent No.4 is
willing to withdraw opposition to formation of society if the terms and
conditions of the Consent Terms are not diluted merely on account for
formation and registration of the Petitioner-society.
4) Perusal of the impugned order would indicate that the
Competent Authority has erroneously relied on a contractual clause for
denial of registration of the society. The Competent Authority has
failed to appreciate that provisions of MOFA can be enforced contrary
to the contractual agreement between the parties as per Section 16
thereof. Formation of a society has to be in accordance with the
provisions of Section 10 of MOFA and mere contractual arrangement
between the parties contrary to the statutory claim under Section 16
cannot be a reason of non-registration of a society which otherwise
conforms to the requirements under Section 10.
5) In view of the above position and also in view of the fact
that Respondent No.4 is no longer opposing registration of the
Petitioner-society, the impugned order dated 4 June 2026 is set aside.
The concerned Registrar of Co-operative Societies shall forthwith
proceed to grant registration to the Petitioner-society as expeditiously as
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Neeta Sawant 912-WP-8307-2026.docx
possible preferably within a period of 8 weeks. The Writ Petition is
allowed in the above terms and disposed of.
6) It would be open for Respondent No.4 to seek enforcement
of the Consent Terms, if and when the occasion arises.
Digitally
signed by
NEETA
NEETA SHAILESH
SHAILESH SAWANT
SAWANT Date:
2026.09.24
15:30:01
+0530
[SANDEEP V. MARNE , J.]
PAGE NO. 3 of 3
Thursday, 24 September 2026
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