KRUPA ZUBIN AND ANR vs THE DIVISIONAL JOINT REGISTRAR CO OP. SOC. AND ORS

Judgment text excerpt

12-wp4272-2025-F.doc AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4272 OF 2025 Krupa Zubin & Anr. … Petitioners V/s. The Divisional Joint Registrar, Cooperative Societies & Ors. … Respondents ATUL Mr. Sean Wassoodew with Mr. Rupesh Mandhare and GANESH KULKARNI Ms. Ashna Shah for the petitioners. Digitally signed by ATUL GANESH KULKARNI Date: 2025.04.02 Ms. Sulbha Chipade for respondent Nos.1 & 2-State. 16:05:48 +0530 Mr. Paritosh Jaiswal with Mr. Rubil Vakil, Mr. Sahil Gandhi, Ms. Dimple Vora and Ms. Riddhi Shah i/by Markand Gandhi & Co., for respondent Nos.4 & 5. CORAM : AMIT BORKAR, J. DATED : APRIL 1, 2025 ORAL JUDGMENT: 1. By the present Writ Petition, invoked under Article 226 and Article 227 of the Constitution of India, the Petitioners, who are purchasers of premises in a building constructed and developed under the provisions of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (for short, "MOFA Act"), have assailed the legality and validity of the order passed by the Competent Authority under Section 10 of the said Act, whereby a co-operative housing society of flat purchasers has been registered. 1 12-wp4272-2025-F.doc 2. The facts giving rise to the present writ petition, as set out by the petitioners, are briefly enumerated herein below for the sake of clarity and completeness: 3. It is the case of the petitioners that respondent No.3– Company became the owner of the immovable property bearing C.T.S. Nos. 15, 16 and 16(1), admeasuring in aggregate 780.60 square metres, situated at Sion-Trombay Road, within the revenue limits of Village Deonar, Taluka Kurla, Mumbai, together with the building and superstructures standing thereon. It is submitted