Bombay High Court
Evoq Co-Operative Housing Society Ltd vs State Of Maharashtra Through Office Of ... on 1 August, 2024
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
2024:BHC-OS:11554-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (LODGING) NO.23294 OF 2024
Evoq Co-op. Housing Society Ltd., ]
Wadala, Mumbai. ] .. Petitioner
Versus
1. State of Maharashtra, ]
Through Office of District Collector and ]
District Magistrate, Mumbai. ]
2. Tahsildar and Executive Magistrate, ]
Old Custom House, Mumbai. ]
3. Office of the Registrar of Societies, ]
F/North Ward, Mumbai. ]
4. Arun Chougule, Assistant Registrar, ]
Co-operative Societies, F/North Ward, Mumbai. ]
5. R.G. Redekar, Authorized Officer, ]
Malhotra House, Fort, Mumbai. ]
6. Vinti Abhishek Lodha, ]
Lodha Costiera, Nepean Sea Road, Mumbai. ] .. Respondents
Mr. Shardul Singh with Mr. Subit Chakrabarti and Ms. Khushnumah
Banerjee, Advocates, i/by Vidhii Partners, for the Petitioner.
Ms. Divya Parab, i/by Ms. Nivedita Mullerpatan, Advocates for
Respondent Nos.1 and 2.
Mr. Amogh Singh with Ms. Payal Wardhan and Mr. Rahul Arora, i/by
Mr. Jeet Gandhi, Advocates for Respondent No.6.
Smt. Pooja Patil, Assistant Government Pleader for the Respondent-State
of Maharashtra.
CORAM : A.S. CHANDURKAR &
RAJESH S. PATIL, JJ
DATE : 1ST AUGUST, 2024.
ORAL JUDGMENT : { Per A.S. Chandurkar, J. }
1. Rule. Respective counsel waive service. Leave granted to raise a
challenge to the No Objection Certificate dated 24 th July 2024.
Amendment be carried out forthwith. Re-verification is dispensed with.
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2. The challenge raised in this writ petition is to the direction issued by
the Assistant Registrar, Co-operative Societies, Mumbai in exercise of
powers conferred under Section 80(1) of the Maharashtra Co-operative
Societies Act, 1960 (for short, "the said Act") . By this communication, the
petitioner-Housing Society has been directed to make available the records
of the Society for being looked into by the Authorized Officer with a view
to implement the order passed under Section 154B-27 of the said Act on
27th June 2024.
3. We have heard the learned counsel for the parties and we have
perused the documents on record. It is not in dispute that in proceedings
under Section 154B-27(3) of the said Act, the Assistant Registrar passed
an order on 13th May 2024 directing issuance of No Objection Certificate
for sale of Flat No.B-1301 in favour of the 6 th respondent. Pursuant
thereto, a No Objection Certificate dated 26 th June 2024 came to be issued
by the Housing Society stating therein that dues of Rs.84,76,529/- were
outstanding against the said flat and that the No Objection Certificate was
being issued subject to the Society's rights and contentions being agitated.
In the meanwhile, the 6th respondent sought to enforce the order passed
by the Assistant Registrar. In exercise of the powers conferred under
Section 80(1) of the said Act, the Authorized Officer issued the impugned
directions after observing that the 6 th respondent was willing to pay the
outstanding amount of Rs.1,15,378/- towards maintenance charges.
4. Perusal of Section 80(1) of the said Act indicates that unless the
Registrar is satisfied that the books and records of the Society are likely to
be suppressed, tampered with or destroyed, steps for seizing and taking
possession of those records cannot be undertaken. A reading of the
impugned communication indicates absence of any such satisfaction being
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recorded by the Assistant Registrar. On being called upon to indicate the
recording of satisfaction in the impugned communication, the learned
counsel for the 6th respondent fairly submitted that the said
communication did not indicate the aforesaid. We are thus satisfied that
the impugned communication has been issued in a manner contrary to the
requirements of the said provision.
5. Accordingly, the impugned communication dated 11th July 2024
issued by the Assistant Registrar in exercise of powers under Section 80(1)
of the said Act is quashed and set aside. Consequentially, the No Dues
Certificate issued by the Authorised Officer on 24 th July 2024 is also
quashed.
6. It is clarified that this adjudication would not preclude the 6 th
respondent from challenging the contents of the No Objection Certificate
that was issued by the Society on 26 th June 2024. All contentions of both
parties in that regard are kept open.
7. Rule is disposed of in aforesaid terms. No costs.
[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ]
Digitally
SNEHA
SNEHA ABHAY 905-WP(L)-23294-2024.doc
ABHAY DIXIT
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DIXIT Date:
2024.08.02
09:50:36
+0530
