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Void from the beginning – Bombay HC Declares Coop Society Registration Illegal

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In 2011, the petitioner – promoter sold flats to the members of the Society and agreed to register the Society under MOFA or MAO depending upon the phase wise development undertaken by him. Clause 13.5 of the agreement provided for the promoter to make a full disclosure before execution of the conveyance deed.  The promoter took care of maintenance of all buildings from 2011 to 2019.

On 27.7.2020, the Society applied for registration under MOFA without giving prior notice to the promoter and/or making any correspondence.   The society was registered within two days.

The promoter filed complaint alleging fraud and that on 15.6.2019 the Deed of Declaration for registration of Society under MAO as a Condominium was executed.

The Divisional Joint Registrar cancelled the registration.  However, on 21.6.2022, the Minister allowed the appeal of the society, set-aside the orders and restored the registration of the society.

Judgment dated 9.10.2025 of the High Court of Bombay in W.P.No.12575 of 2022 with Interim Application No.12273 of 2024 of Deshmukh Enterprises through Promoter Dilip Sudhakar Deshmukh Vs.   Paramount Park D Tenant Co-Op Housing Society Ltd and others

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