Bombay High Court

Bombay High Court: Society's Registration Canceled Due to Unauthorized Authority

Updated
Oct 23, 2025 10:39 PM
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Quick Summary: A housing society's registration was canceled by the court because the wrong authority registered it and there were claims of cheating. The decision was made after listening to both the developer and the society.

The Case of the Disputed Society Registration

This case is about a housing society called Paramount Park D Tenant Co-Op Housing Society Ltd. The developer, Deshmukh Enterprises, was upset when the society got registered without their approval. They said the registration was done dishonestly and by the wrong office.

Deshmukh Enterprises' Claims: Cheating and Forgery

Deshmukh Enterprises, led by Dilip Sudhakar Deshmukh, argued that the society was registered without informing him. They claimed that someone pretended to be him during the registration process.

"Deshmukh Enterprises alleged that Dilip Sudhakar Deshmukh's signature was faked."

Society's Defense: We Had No Choice!

The society argued that they waited for years for Deshmukh Enterprises to register the society. When nothing happened, they decided to do it themselves. They said that Deshmukh Enterprises didn't do their job, so they had to act.

Court Findings: Jurisdiction Matters

Justice Milind N. Jadhav found that the Deputy Registrar in Dombivli, who registered the society, didn't have the right authority. The registration was done in just two days, which seemed suspicious.

"The Deputy Registrar, Dombivli, didn't have the power to register the Society."

Fraud and Misrepresentation

The court noted that the registration involved false information. A flat buyer falsely claimed to be the main promoter, and many important details were missing in the forms.

The Minister's Role: Overturned Decision

The Minister of Co-operation had previously allowed the society's registration to stand. However, the court found this decision was made without hearing Deshmukh Enterprises' side, making it unfair.

Final Verdict: Back to Square One

The court canceled the Minister's order and confirmed the cancellation of the society's registration. Deshmukh Enterprises' complaints were found to be true, and the society's registration was considered fraudulent.