360 DEGREE BUSINESS PARK PREMISES COOPERATIVE SOCIETY LIMITED Vs. BRITE TOOLS PRIVATE LIMITED

JUDGEMENT

(1.) The petitioner has filed this writ petition under Articles 226 and 227 of the Constitution of India. The petitioner challenges the Judgment and Order dtd. 11/7/2025 passed by respondent No.2 under Sec. 154 of the Maharashtra Cooperative Societies Act, 1960. Respondent No.2 confirmed the Judgment and Order dtd. 14/2/2025 passed by respondent No.3 under Sec. 152 of the said Act in Appeal No.262 of 2005. By the said orders, respondent No.3 cancelled the registration of the petitioner-society.

(2.) The relevant facts are as follows. On 28/12/1973, respondent No.1 purchased plot of land admeasuring 1801.5 square metres bearing CTS Nos.640B and 641B, Village Mulund, LBS Road, Mulund West, Mumbai from Hoogly Ink Company (Bombay) Limited by a registered deed of conveyance.

(3.) In the year 2007, respondent No.1 constructed and developed a building known as Brite Building. Respondent No.1 also developed the surrounding areas of the said plot. In the year 2011, a part occupation certificate was issued for the fifth to tenth floors of Brite Building. On 20/8/2013, full occupation certificate was issued for ground plus four floors. Though respondent No.1 completed the construction and sold 44 units in the petitioner-society, respondent No.1 did not form a cooperative society as required under Sec. 10 of the Maharashtra Ownership Flats Act, 1963.