As per case facts, Mohan Kashiram Kadam, the promoter, instituted this Writ Petition challenging an order passed under Section 156(3) of the Code of Criminal Procedure and the consequential FIR. ...
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AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10286 OF 2014
WITH
INTERIM APPLICATION NO.11383 OF 2024
WITH
INTERIM APPLICATION NO.3287 OF 2022
1.Ramachandran M,
Aged 63 years, Indian Inhabitant,
R/at Flat No.103, First Floor,
Secretary of the Matsyaghandha CHS
Limited, situated at Plot No.C-6 &
C-7, Sector 20, Nerul,
Navi Mumbai – 400 706
2.Matsyaghandha CHS Limited,
situated at Plot No.C-6 &
C-7, Sector 20, Nerul,
Navi Mumbai – 400 706… Petitioners
Vs.
1.State of Maharashtra, through the
Ministry of Cooperation, Mantralaya,
Mumbai 400 032 AND
through the Government Pleader,
High Court Appellate Side, Bombay
2. Deleted
3. Deleted
4.Usha Hanmant Wakshe,
Age Not known, Adult,
Indian Inhabitant, Occu.: Not known,
having Shop Nos.1 and 2,
Ground Floor, Matsyagandha,
1
ATUL
GANESH
KULKARNI
Digitally signed by
ATUL GANESH
KULKARNI
Date: 2026.04.08
13:08:59 +0530
wp10286-2014 & connected-J.doc
Plot No.C-6 & C-7, Sector – 20,
Nerul, Navi Mumbai 400 706
5.Nilesh Laxman Thakur,
Age Not known, Adult,
Indian Inhabitant, Occu.: Not known,
having Shop No.3 & 4, Ground Floor,
Matsyagandha, Plot No.C-6 and C-7,
Sector 20, Nerul, Navi Mujmbai 400
706
6.Mohan Kashiram Kadam,,
Age Not known, Adult,
Indian Inhabitant, Occu.: Not known,
having office at 418/419, the Great
Eastern Gallaria, Plot No.20, Sector 4,
Nerul, Navi Mumbai 400 706.
7.The Hon’ble Joint Registrar, Coop.
Societies, CIDCO Limited,
Age not known, Adult,
Indian Inhabitant, Raigad Bhavan,
3rd Floor, CBD Belapur,
Navi Mumbai 400 614… Respondent
WITH
WRIT PETITION NO.10193 OF 2014
WITH
INTERIM APPLICATION NO.3286 OF 2022
Mohan Kashiram Kadam,
Age 50 years, Occupation Business,
having office at 418/419, the
Greater Eastern Galleria, Plot No.20,
Sector-4, Nerul, Navi Mumbai 400 706… Petitioner
Vs.
1.Rakhmabai Shankar Thakur
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2.Usha Hanmant Wakshe
3.Nilesh Laxman Thakur
4.Chairman / Secretary,
Matsyagandha CHS LImited
5.Dilip Krushna Jadhav
6.Ravindra Kumar A. Bankhele
7.C. Venkatesh
8.Ramchandran M.
9.Dilip Krishna Jadhav
10.Dayanand Sharma
11.Tara R. Pillai
12.Baidya Nath Raut
13.Rajendra Y. Hadkar
14.Sultan Singh Saini
15.G. Muralidharan Nair
16.Kuldeep Singh, Mrs. Harbhajan Kaur
17.Karunakaran K., Ratna Karunakaran
18.Praveen Kumar
19.Krishnan R. Iyer
20.Jiji John
21.Dashrath G. Mahapadi,
Shaila D. Mahapadi
22.Sandeep Radheshyam Shukla
23.Padmaji Anil Shrivastav
24.Veeti Vipul Shrivastav
25.Ushatai T. Rathod
26.Yatishmukar Bansal
27.Satish Vitthal Sawant
28.Shankar Changa Thakur
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29.The Joint Registrar, Coop.
Societies, CIDCO
30.The State of Maharashtra … Respondents
Mr. Shreepad Murthy i/by Mr. Amarnath R. Bhatt for
the petitioner in WP/10286/2014 & for the applicant
in IA/11383/2024 & IA/3287/2022 for the petitioners.
Mr. Kishor Patil with Mr. Pratik Rahade, Mr. Anish Kikle
and Ms. Akshada Nagrale for the petitioner in
WP/10193/2014 & for respondent No.6 in
WP/10286/2014.
Mr. A.A. Alaspurkar, AGP for respondent No.1-State in
WP/10286/2014 & for respondent Nos.29 and 30 in
WP/10193/2014.
Mr. Surel Shah, Senior Advocate with Mr. Abhiman
Patil for respondent Nos.4 and 5.
CORAM :AMIT BORKAR, J.
RESERVED ON :APRIL 6, 2026.
PRONOUNCED ON:APRIL 8, 2026
JUDGMENT:
1.By the present writ petitions instituted under Articles 226
and 227 of the Constitution of India, the petitioners call in
question the legality and correctness of the judgment and order
dated 12 September 2014 passed by Respondent No.1. By the said
impugned order, the authority has set aside the order dated 10
March 2014 passed by the Joint Registrar of Co-operative
Societies, whereby the application seeking de-registration of the
society was rejected. Consequentially, the impugned order allows
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the de-registration of the society, which action is assailed in the
present proceedings.
2.Writ Petition No.10286 of 2014 has been preferred by the
members of the concerned co-operative society. Writ Petition
No.10193 of 2014, on the other hand, has been instituted by the
promoter of the building, who had undertaken construction of the
building and effected sale of the flats in his capacity as promoter.
3.The factual matrix giving rise to the present writ petitions, as
pleaded by the petitioners, may be stated thus. The subject co-
operative society came to be registered on 8 March 2011 under
Section 10 of the Maharashtra Ownership Flats (Regulation of the
Promotion of Construction, Sale, Management and Transfer) Act,
1963. The registration bears No.3802. The entire flats in the
building were sold by the promoter, Mohan Kashiram Kadam,
under duly registered agreements in accordance with the
provisions of MOFA. The society consists of 20 residential flats and
4 commercial shop premises. It is the case of the petitioners that
on 1 April 2003, a lease agreement was executed by CIDCO in
favour of the original land owners, namely Shankar Thakur and
his wife Rakhmabai Thakur, jointly. The said lease transaction was
thereafter confirmed by a document dated 17 March 2011. It is
further stated that Rakhmabai Thakur executed a General Power of
Attorney in favour of her husband on 27 June 2003 authorising
him to deal with the subject plots. Thereafter, on 9 August 2003,
an application for development permission was submitted. Navi
Mumbai Municipal Corporation granted a commencement
certificate on 30 October 2003. Subsequently, on 6 December
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2003, a development agreement came to be executed between the
land owners and the developer, Mohan Kashiram Kadam, on a
principal to principal basis. On the same date, a power of attorney
was also executed by the land owners in favour of the developer to
facilitate development of the property.
4.The petitioners contend that during the period 2005 to 2006,
all residential flats were sold by the developer. The commercial
shop premises were subsequently sold in the year 2010, and
possession thereof was handed over to the respective purchasers.
CIDCO issued an occupation certificate on 11 August 2006. All 20
flat purchasers took possession upon payment of full consideration
under registered agreements. As the society was not formed within
a reasonable time, the purchasers approached the Consumer
Forum at Thane by filing a complaint on 24 July 2009. By order
dated 18 November 2009, the Consumer Forum directed the
promoter, Mohan Kashiram Kadam, to take steps for registration of
the society.
5.Pursuant thereto, an application for registration of the
society was submitted before the Registrar on 9 February 2011.
Thereafter, on 4 July 2011, the society filed an application for
deemed conveyance under Section 11(3) of MOFA. The said
application came to be heard by the District Deputy Registrar on
27 November 2011 and again on 8 March 2012.
6.In the interregnum, on 6 February 2012, two documents,
namely a gift deed and an agreement for sale, purportedly came to
be executed in favour of Respondent Usha Vakshe and one Thakur.
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The petitioners contend that these documents are suspicious in
nature. A criminal complaint in respect thereof was lodged on 7
September 2012. An application for anticipatory bail filed in
January 2013 came to be rejected by the Sessions Court at Thane.
7.It is further the case that a civil suit was instituted by the
original purchasers of the shop premises against the present
respondents. On 7 September 2012, Rakhmabai Thakur lodged a
criminal complaint alleging fabrication of documents against the
developer. Thereafter, on 23 November 2012, she instituted
proceedings before the competent Court against the developer and
others alleging forgery of the development agreement.
Independently, she along with two non-members moved an
application on 21 November 2012 before the Joint Registrar
seeking de-registration of the society. By order dated 7 December
2012, the Court directed registration of FIR and investigation into
the allegations.
8.The Joint Registrar, upon consideration of the material on
record, rejected the application for de-registration by a detailed
and reasoned order dated 10 March 2014. Aggrieved thereby,
Rakhmabai Thakur along with two non-members preferred an
appeal on 25 July 2014 before the Co-operative Minister. By the
impugned order dated 12 September 2014, the Minister allowed
the appeal and directed de-registration of the society.
9.Being aggrieved, the promoter Mohan Kashiram Kadam
instituted a writ petition on 11 November 2014 challenging the
order passed under Section 156(3) of the Code of Criminal
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Procedure and the consequential FIR. On the same day, the society
also filed a separate writ petition impugning the order dated 12
September 2014. Both writ petitions came to be admitted by this
Court and interim reliefs were granted.
10.During pendency of the proceedings, Shankar Thakur
expired in November 2018. His legal heirs did not seek
impleadment in the present proceedings, stating that they had no
subsisting grievance. Rakhmabai Thakur subsequently withdrew
her complaint alleging forgery against the developer on 20
February 2022 before the Magistrate at CBD Belapur, with full
awareness of the consequences. The said withdrawal was duly
witnessed and signed by her two sons. By order dated 28 February
2022, the Magistrate permitted withdrawal and dismissed the
complaint. Rakhmabai Thakur, also known as Rukhmini, thereafter
expired on 23 October 2022. These developments were brought to
the notice of this Court during hearing of Interim Application
No.11383 of 2024 on 15 October 2025.
11.When the writ petitions were taken up for final hearing on
15 October 2025, the demise of both original land owners was
formally recorded. An application seeking deletion of their names
from the array of parties was moved and the same was allowed by
this Court. The writ petitions are presently contested only by
Respondents Usha Hanumant Wakshe and Nilesh Laxman Thakur.
It is an admitted position that both of them are not members of the
petitioner-society, though they claim to be in possession of two
shop premises situated in the building of the said society.
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12.Mr. Murthy, learned Advocate appearing for the petitioners in
Writ Petition No.10286 of 2014, submitted that the enquiry
undertaken by the appellate authority while passing the order of
de-registration travels beyond the scope and ambit of Section 21-A
of the Maharashtra Co-operative Societies Act, 1960. By inviting
attention to the impugned order, he contended that the primary
consideration which weighed with the appellate authority was the
authenticity and validity of the title documents executed by the
land owners in favour of the developer. According to him, having
regard to the statutory scheme under the MCS Act, the
examination of title documents of the developer, at the stage of
registration of a co-operative housing society under Section 10 of
the Maharashtra Ownership Flats Act read with the provisions of
the MCS Act, is wholly impermissible and falls outside the
jurisdiction of the Registrar. He submitted that issues relating to
the genuineness and validity of documents such as development
agreements, powers of attorney and title certificates are already
the subject matter of substantive civil proceedings. Therefore, such
adjudication could not have been undertaken by the Registrar, and
consequently the appellate authority could not have directed de-
registration of the society under Section 21-A of the MCS Act in
the absence of any material establishing fraud or
misrepresentation. In support of the aforesaid submissions,
reliance was placed on the judgment of this Court in
Rameshwar
Cooperative Housing Society Limited vs. Divisional Joint Registrar,
Cooperative Societies
, reported in 2025 SCC OnLine Bombay
2017.
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13.It was further submitted that the promoter-developer, Mohan
Kashiram Kadam, had paid valid consideration to the land owners
and had undertaken construction of the building in accordance
with plans duly sanctioned by CIDCO. Thereafter, all flats and shop
premises were sold to purchasers, largely through institutional
finance obtained from approved banking channels. It was pointed
out that the four shop purchasers had not taken possession of their
respective premises till the year 2012, and during this period, the
said premises came to be occupied by Respondents Usha
Hanumant Wakshe and Nilesh Laxman Thakur, who set up rival
claims. It was further contended that Shankar Thakur, one of the
land owners and the constituted attorney in respect of the plot,
had at no point of time initiated any complaint or proceedings
seeking de-registration of the society before any forum. It was
urged that Rakhmabai Thakur, after a lapse of nearly nine years
from the execution of the development agreement, six years from
occupation of the building by purchasers, and two years after the
order of the Consumer Forum, lodged a complaint which,
according to the petitioners, was devoid of substance and which
ultimately came to be withdrawn unconditionally before the
Magistrate on 20 February 2022. It was emphasized that no civil
proceedings have been instituted against the society or the flat
purchasers by any person. It was, therefore, contended that no
case of fraud or misrepresentation, as contemplated under Section
21-A of the MCS Act, is made out, and that the appellate authority
has allowed the appeal solely on the ground that an FIR had been
registered.
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14.Mr. Shah, learned Senior Advocate appearing for Respondent
Nos.4 and 5 along with Mr. Patil, learned Advocate appearing for
the petitioner in Writ Petition No.10286 of 2014, supported the
impugned order by contending that the registration of the society
itself was vitiated, inasmuch as the land owners were not
impleaded as parties to the registration proceedings. Inviting
attention to Rule 4 of the Maharashtra Co-operative Societies
Rules, 1961, it was submitted that the procedural scheme
contemplated under the said Rule was not duly complied with by
the proposed society at the time of seeking registration. It was
further contended that there is inconsistency with regard to the
identity of the chief promoter. While one Dilip Jadhav was shown
as the promoter in the proposal submitted for registration, a
different individual is reflected as the chief promoter in the writ
petition. According to the learned counsel, such discrepancy,
coupled with non-compliance of Rule 4, goes to the root of the
matter and amounts to fraud or misrepresentation within the
meaning of Section 21-A of the MCS Act. In support of this
contention, reliance was placed on the judgment of this Court in
Waghamay Mahila Machchimar Sahakari Sanstha Maryadit, Botha
(SA) vs. Commissioner of Fisheries, Taraporevala Aquarium,
Mumbai & Others
, reported in 2020 (1) Mh.L.J. 864.
15.In rejoinder, Mr. Murthy submitted that the issue as to
whether the person acting as chief promoter possessed the
requisite authority is essentially an internal matter of the society.
Once the society has accepted that the person who submitted the
proposal had due authority, any alleged defect in that regard
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would not fall within the ambit of fraud or misrepresentation
under Section 21-A. It was further submitted that the co-owners
who executed documents in favour of the developer have not
themselves questioned the authenticity or validity of such
documents, and in any event, the issue is already sub judice in
pending civil proceedings. On these premises, it was urged that the
challenge raised in the present proceedings deserves to be rejected.
16.I have given my anxious consideration to the rival
submissions and to the material placed before the Court. The
matter turns on the question whether the appellate authority was
justified in invoking Section 21-A of the Maharashtra Cooperative
Societies Act, 1960 and directing de-registration of the society.
17.The first submission of Mr. Murthy is that the appellate
authority has gone much beyond what law allows it to do. He
contends that the authority was required to see only whether there
was any clear case of fraud or false statement at the time when the
society was registered. But instead of doing that limited exercise,
the authority started examining whether the development
agreement was genuine, whether the power of attorney was
properly executed, and whether the title documents in favour of
the developer were correct or not. According to him, this type of
enquiry is not permitted under Section 21-A. When I consider this
submission, it appears to have force. Section 21-A does not give a
wide and unlimited power to reopen everything. It is meant only
for situations where the very registration of the society is based on
some false statement or suppression of important fact. It is not
meant to decide each and every dispute connected with property. If
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such wide enquiry is allowed, then every society registration can
be questioned again and again on different grounds. That cannot
be the intention of law. Many times, after development, disputes
arise between land owner and developer, or between purchasers
and some third parties. These disputes may relate to title,
documents, or internal matters. But such disputes are normally to
be decided by civil courts in proper proceedings. They cannot be
brought inside Section 21-A proceedings to cancel the registration
itself. If the society was otherwise properly formed, members had
purchased flats, possession was given, and basic requirements
were satisfied, then later disputes about documents cannot
automatically make the registration illegal. Therefore, the
authority was required to see only whether there was any fraud at
the time of registration, and not to examine the entire title history
like a civil court.
18.This understanding becomes more clear when one looks at
the principle laid down in the case of
Rameshwar Cooperative
Housing Society Limited
. In that case, it is clearly stated that the
Registrar must first find a real and clear case of misrepresentation.
Not every mistake or omission will do. The misrepresentation must
be of such a nature that without that false statement, the society
would not have been registered at all. In other words, the
falsehood must go to the root. It must be the very reason why
registration was granted.
19.If this test is applied to the present facts, the position
becomes quite clear. Even if it is assumed that there are disputes
about development agreement or power of attorney, the question
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still remains whether these issues would have prevented
registration of the society at the first instance. The material placed
does not show that. The society was formed by purchasers who
had bought flats and taken possession. The building was already
constructed. The registration was not based only on the
correctness of title documents of the developer. It was based on
existence of flat purchasers and their collective right to form a
society. Therefore, even if some dispute about documents exists or
even if a civil suit is pending, it does not follow that the society
could not have been registered. At the most, such disputes may
show that some issues are still open between parties. They may
require detailed evidence and adjudication before a competent
civil court. But they do not satisfy the requirement of
misrepresentation under Section 21-A. The law requires something
more serious. It requires a finding that the registration itself was
obtained by deception. That element is missing here. Therefore,
when the appellate authority proceeded to cancel the registration
mainly by going into title disputes and document validity, it
applied a wrong test. On the material available, it cannot be said
that but for any alleged misstatement, the society would not have
been registered. Hence, the conclusion reached by the appellate
authority does not appear to be legally sustainable.
20.The factual background also supports the view taken by this
Court. It is not in dispute that the building was constructed by the
promoter only after obtaining proper sanction of plans from
CIDCO. This is important because it shows that the construction
itself was not illegal or unauthorized at the beginning. Thereafter,
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an occupation certificate came to be issued on 11 August 2006,
which again indicates that the competent authority was satisfied
about completion of construction in accordance with law. The flats
were sold during the period 2005 to 2006, and the shops were also
sold later. The purchasers paid full consideration and took
possession. These are not disputed facts. The society came to be
registered much later, on 8 March 2011, and even thereafter, an
application for deemed conveyance was filed on 4 July 2011.
21.If these events are put in proper sequence, it becomes clear
that the society was formed after real transactions had already
taken place. The building was standing. People had purchased
flats. They had entered into registered agreements. They were in
possession. Only thereafter they came together to form a society.
This shows that the society has its roots in actual possession and
actual enjoyment of property by members. It is not a case where a
society was floated first and then used as a device. Because of this,
it becomes difficult to accept that the registration itself was
obtained by playing fraud on the authority. Fraud, in such matters,
must go to the beginning. Here the beginning itself is supported by
completed construction, occupation certificate, and possession of
members. Therefore, the factual background does not support the
case of de-registration.
22.Mr. Murthy has also pointed out that one of the land owners,
Shankar Thakur, never raised any objection at any point of time.
He neither challenged the development nor moved any authority
for de-registration of the society. This aspect has its own weight.
When a person who is party to the original transaction and who
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has executed documents does not dispute the arrangement, then
challenge by others becomes weaker. It is not that such challenge
is always barred, but the Court has to see it with more care.
Further Rakhmabai Thakur raised allegations after a long gap. The
development agreement was of the year 2003. The building was
already occupied by the purchasers. Even the Consumer Forum
had passed an order in 2009 directing registration of the society.
Despite all this, the complaint alleging forgery was filed much
later. Delay by itself may not be fatal in every case. But when
allegations of fraud are made after many years, the Court expects
some strong supporting material. Fraud is a serious allegation. It
cannot rest on suspicion. In the present case, apart from making
allegations, no such strong material is shown which can justify a
conclusion that the entire registration was based on deceit.
Therefore, the delay, coupled with lack of convincing material,
makes the case of the respondents weaker when they seek such
relief of de-registration.
23.Another important circumstance is that the complaint
alleging forgery was later withdrawn before the Magistrate on 20
February 2022. The record shows that this withdrawal was made
consciously and was also signed by her sons. The Magistrate
dismissed the complaint on 28 February 2022. It is true that this
Court is examining the legality of the impugned order on the basis
of the material which was available before the authority at that
time. Therefore subsequent events cannot fully control the
outcome. Still such later conduct cannot be ignored completely.
When the very person who made serious allegations later
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withdraws them, it creates doubt about the strength of those
allegations. In such a situation, the Court must be cautious. De-
registration of a society is not a small matter. It affects rights of
many members who have purchased flats and are residing there.
Therefore unless there is clear and independent material showing
fraud at the time of registration, the Court should not uphold such
drastic action. Here, apart from the withdrawn complaint, no
strong independent material is placed to show that registration
was obtained by misrepresentation. Hence, this circumstance also
goes against sustaining the impugned order.
24.The respondents have argued that the society was registered
without making the land owners parties and that there was non-
compliance with Rule 4 of the Maharashtra Cooperative Societies
Rules, 1961. They further contend that there is confusion about
the identity of the chief promoter, and therefore the entire
proposal is doubtful. According to them this itself amounts to
fraud or misrepresentation. However, this argument appears too
broad and cannot be accepted in the facts of the present case. Rule
4 is a procedural provision. It lays down the manner in which a
proposal for registration should be submitted. Its purpose is to
ensure that the process is orderly and transparent. But every defect
in procedure does not amount to fraud. Law makes a clear
distinction between irregularity and illegality. For invoking Section
21-A, something more is required. There must be a false statement
or suppression of fact which is so material that the Registrar would
have refused registration if the true facts were known. In the
present case, the society consists of persons who have purchased
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flats and shops, paid consideration, and are in possession. This
basic fact remains unchanged. The alleged discrepancy regarding
the name of the chief promoter, or non-joining of land owners at
the stage of registration, does not by itself show that the society
was not entitled to be registered.
25.At the highest such defects may call for explanation. They
may be relevant in some internal dispute. But they do not strike at
the root of the registration. They do not show that the society
came into existence by playing fraud on the authority. Therefore,
these objections raised by the respondents do not satisfy the strict
requirement of misrepresentation under Section 21-A.
26.It is also necessary to notice one more aspect which goes to
the root of the matter. The objection raised about the authority of
the person who submitted the proposal for registration is, in truth,
an internal issue of the society. Mr. Murthy has rightly pointed out
that once the members of the society themselves accept that
person as their representative and proceed on that basis, the
matter remains within the internal functioning of the society. In
such situations, even if there is some defect in authorization, it
does not automatically become fraud. At the highest it may create
some doubt about whether proper internal procedure was followed
or not. But law does not treat every such doubt as
misrepresentation. For invoking Section 21-A, the defect must be
of serious nature. It must be such that because of that defect, the
Registrar was misled into granting registration which otherwise
would have been refused. If the society was otherwise eligible and
the members were genuine purchasers who came together to form
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a society, then a defect in authorization of one individual cannot
destroy the entire registration. The appellate authority appears to
have taken a different approach. It has treated each irregularity as
if it amounts to fraud. This approach is not in accordance with law.
Law requires a clear distinction between procedural lapse and
actual deception. That distinction has not been properly
maintained.
27.The respondents have also tried to justify the impugned
order by contending that the developer had no right to undertake
development or that the land owners were necessary parties who
were not properly involved. Even if one assumes for a moment that
there is some dispute between the land owners and the developer,
that by itself does not mean that the society formed by flat
purchasers becomes illegal. A co-operative housing society is not
formed to decide disputes of title between land owner and
developer. It is formed by purchasers for managing their building,
their common facilities, and their collective rights.
28.In the present case, the purchasers had already bought flats
and shops, paid consideration, and taken possession. They came
together to form a society for their own management. This is a
normal and expected step in housing projects. The existence of
such a society cannot be made dependent on final outcome of
disputes between land owner and developer. Those disputes can be
decided in civil proceedings. In fact it is already on record that
such a suit is pending. Once that is so there was no justification for
the appellate authority to use those disputes as a ground to cancel
the registration itself. That amounts to mixing two separate areas
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of law which are required to be kept distinct.
29.Another factor which appears to have influenced the
impugned order is the lodging of FIR and initiation of criminal
proceedings. However, this circumstance has been given more
importance than what law permits. A criminal complaint and a de-
registration proceeding are not the same. They operate in different
fields. A criminal case may be filed on allegation of forgery or
cheating, and it will be decided on evidence in accordance with
criminal law. But for the purpose of Section 21-A, the authority has
to independently examine whether the registration of the society
was obtained by misrepresentation. The mere existence of an FIR
cannot be treated as proof of fraud. It is only an allegation at that
stage. If such reasoning is accepted, then in every case where an
FIR is filed, registration of society can be cancelled, which is not
the intention of law. There must be a direct connection between
the alleged falsehood and the act of registration. It must be shown
that the Registrar was misled because of that falsehood. In the
present case, such connection is not established. The appellate
authority seems to have assumed that since a criminal case exists,
fraud must be there. This is not a legally sustainable inference.
30.It is also important to again look at the overall sequence of
events. The promoter constructed the building after obtaining
sanctioned plans. The flats were sold through registered
agreements. Occupation certificate was issued. The purchasers
took possession and started residing. Only thereafter the society
was formed by them. It shows that the society came into existence
because there were real purchasers needing collective
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management. It was not created for any hidden purpose.
31.In such a background, de-registration becomes a very serious
and extreme action. It affects rights of several persons who are not
even parties to the dispute. Therefore, such power must be used
very carefully and only in clear cases where the society had no
legal basis to exist from the beginning. Unless the Court is satisfied
that the society was never entitled to registration, such drastic step
cannot be approved. In the present case, that level of defect is not
shown. The material does not indicate that the society was
fundamentally illegal.
32.I also find considerable merit in the submission that the
challenge raised by the respondents is mainly centred around
disputes regarding title documents. They have questioned the
development agreement, the power of attorney, and other related
documents. These issues are already subject matter of civil
litigation. Such disputes require detailed examination of evidence,
cross-examination of parties, and proper adjudication by a civil
court. They cannot be finally decided in summary proceedings like
those under Section 21-A.
33.The appellate authority, however, appears to have mixed up
these two areas. It has treated the dispute about title as if it is a
case of fraud in registration. Registration of a society depends on
whether persons eligible to form a society have come together and
fulfilled basic requirements. It does not depend on final
adjudication of all title disputes connected with the property. By
entering into those questions and using them as a ground for de-
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registration, the authority has applied a wrong test. Such an
approach cannot be sustained in law.
34.For all these reasons, I am of the view that the impugned
order cannot be upheld. The appellate authority has exceeded the
scope of Section 21-A by entering into issues of title and document
authenticity which are already the subject matter of civil
proceedings. No clear case has been shown that the society was
otherwise non-registrable and was registered only because of
misrepresentation. The material on record does not establish the
kind of fraud or deceit that alone can justify de-registration. The
writ petitions, therefore, deserve to succeed, and the order dated
12 September 2014 passed by the appellate authority must be set
aside, leaving the parties to pursue their civil remedies in
accordance with law.
35.In the result, the following order is passed:
(i) Writ Petition No.10286 of 2014 succeeds and is
allowed;
(ii) The impugned judgment and order dated 12
September 2014 passed by Respondent No.1 is hereby
quashed and set aside;
(iii) Consequently, the order dated 10 March 2014 passed
by the Joint Registrar of Co-operative Societies rejecting the
application for de-registration of the society stands restored;
(iv) Writ Petition No.10193 of 2014 stands dismissed;
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(v) In view of the disposal of the writ petitions, all pending
Interim Applications, if any, do not survive and are disposed
of as infructuous;
(vi) There shall be no order as to costs.
(AMIT BORKAR, J.)
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