Appeal against order for registration of housing society is maintainable Sec.152 of MCS Act

Section 10 of MOFA provides for the promoter to take steps for formation of cooperative society or company.   If promoter fails to submit application within the prescribed period, the competent Authority under MOFA, on receipt of application(s) from the persons who have taken flats from the promoter, is to direct the authority under MCS Act to register society.   This is the only jurisdiction of the competent authority under first proviso to Section 10(1) of the MOFA and nothing else.

Therefore, the order under MOFA is merely a direction for the registration of the society.  However, the actual exercise of jurisdiction for registration is exercised by the DDR under Section 9 of the MCS Act.   As a result, the appeal under Section 152 of MCS Act against an order under Section 9 for registration of the society is maintainable.

Judgment dated 25.6.2024 of the Bombay High Court in Writ Petition No.7481 of 2022 of Sunil Gadade and another   Vs. Divisional Joint Registrar, Cooperative Society and others with connected matters