1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.346 of 2010 M/s.Abee Associates .. .. Petitioners v/s. Paradise Heights Co-op. Housing Sty. Ltd. & ors. .. .. Respondents Ms.Sultana Sonawane i/by Ms.Rashida Sidique for Petitioners. Mr.S.K. Chaturvedi i/by M/s.Chaturvedi & Asso. For Respondents. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 15th January, 2010 P.C. : 1.The Petitioner is a Company consisting of two Directors who are the builders of the premises of Respondent No. 1-Society. Respondent Nos.2 to 3 are the flat purchasers. The flats have been purchased between 2004 and 2006. As by 2006, the Co-operative Society was not registered by the Petitioners, the flat purchasers have registered their own Co-operative Society under the provisions of the Maharashtra Ownership Flats Act, 1963 (MOFA). Thereafter the Petitioners have registered a Private Limited Company. The two partners of the builders Firm are the Directors. Under the provisions of the Articles of Association, they are stated to be 2 entitled not to be removed. This legal entity has come into effect after the proceeding for registration of the Co-operative Society was lawfully adopted by the members. 2.Initially, the members applied to register a Co- operative Society. It was not allowed by the Deputy Registrar. In an Appeal filed by them being Appeal No. 194 of 2009, the order of the Deputy Registrar was set aside and the matter was remanded for issue of the registration certificate. That order has been challenged. 3.The Petitioners have challenged this order of remand. Nevertheless in remand, the Deputy Registrar has passed his order for registration of the Society. The Deputy Registrar in his order has considered the steps taken by the flat purchasers as well as by the builders for and towards the registration of the Society and the incorporation of the Company, respectively. The Petitioners claim that they have issued the share certificates in the name of the flat purchasers. Since the flat purchasers have themselves applied for registration of their Society, they have refused to accept the share certificates issued by the Petitioners. The Deputy Registrar has considered the entitlement of the flat purchasers under MOFA. That 3 entitlement is correct. Hence he has issued the order for registration of the Society. There is no irregularity in that order. 4.It is seen that the Petitioners forced the flat purchasers to become members of the Company. The flat purchasers do not desire to purchase the shares in the Company incorporated by the Petitioners. They cannot be forced to purchase the shares. The flat purchasers have a legal right to form their Society, if the Society is not formed under Section 4 of MOFA within a period of 4 months from the minimum number of members to constitute a Co-operative Society who have purchased the flats in the Society. 5.Consequently, the order cannot be challenged. The Writ Petition is dismissed. (SMT.ROSHAN DALVI, J.)