DARSHAN MANDIR CO OP HSG SOC LTD vs DISTRICT DEPUTY REGISTRAR CO OP SOC AND ORS

Judgment text excerpt

Neeta Sawant WP-16318-2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 16318 of 2025 Darshan Mandir Co-operative Housing ...Petitioner Society Limited V/s. District Deputy Registrar, Co-operative ...Respondents Society, Mumbai (4) and others. ________________ Ms. Vishaki Bhatia, for the Petitioner Mr. A.I. Patel, Addi. GP with Mr. P.V. Nelson Rajan, AGP for, Respondent No. 1- State Mr. Mayur Khandeparkar with Mr. Subham Hundia & Mr. Roshan Gaud i/b Orbit Law Services, for Respondent No. 5 ________________ CORAM: SANDEEP V. MARNE, J. RESERVED ON: 15 June 2026. PRONOUNCED ON: 22 June 2026. Judgment: 1) The issue that arises for consideration in the present petition is whether pendency of Corporate Insolvency Resolution Proceedings under the Insolvency and Bankruptcy Code, 2016 (IBC) Page No.1 of 31 22 June 2026 Neeta Sawant WP-16318-2025 against the promoter can be a reason for the Competent Authority not to exercise jurisdiction under Section 11(3) of Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA) and whether Section 14 of the IBC creates a bar for the Competent Authority to grant deemed conveyance in favour of organization of flat purchasers. 2) By this petition, Petitioner-Society challenges Order dated 4 September 2025 passed by the District Deputy Registrar, Co-operative Societies, Mumbai City (4) and Competent Authority (Competent Authority) rejecting Application No. 87 of 2025 seeking deemed conveyance of land and building under Section 11 of MOFA with liberty to file fresh application upon conclusion of Corporate Insolvency Resolution Proceedings (CIRP) pending against Respondent No.4. 3) Petitioner is a cooperative housing society formed and reg