vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5404 OF 2008 WRIT PETITION NO.5404 OF 2008 WRIT PETITION NO.5404 OF 2008 M/s.Jay Enterprises ... Petitioner V/s. Shrikant Rajaram Mahajan & Ors. ... Respondents Mr.L.S. Gaikwad for Petitioner Ms.Namrata Waghole for Respondent Nos.1 and 2 Mr.S.D. Rarikar, AGP, for Resp. 3 to 5 CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J MHATRE, J MHATRE, J. DATED: DECEMBER 3, 2008 DECEMBER 3, 2008 DECEMBER 3, 2008 P.C.: P.C.: P.C.: . This petition challenges the order passed by the Divisional Joint Registrar, Cooperative Societies, Pune by which the appeal filed by Respondent Nos.1 and 2 has been allowed. The grievance of the respondents was that the petitioner had registered the society under the Maharashtra Apartments Ownership Act instead of Maharashtra Ownership of Flats Act as desired by the flat purchasers. The appellate authority has observed that only two deeds of apartments have been registered on 30.8.2004 and that the petitioner had failed to bring to his notice that the requisite number of deeds i.e. five had been registered as apartments simultaneously after registration of the deed of declaration. 2. The learned advocate for the petitioner contends that once the apartment has been registered under the Maharashtra Apartments Ownership Act 1970, no other law can be referred to, for ascertaining whether the registration has been effected in accordance with law. : 2 : According to the learned advocate, section 10(2) of the Maharashtra Ownership Flats Act, 1963, provides that once the promoter decides that a building or buildings which have been constructed should be covered by the Maharashtra Apartment Ownership Act 1970 a declaration has to be registered as provided under that Act. He points out that after registration of the declaration it would not be lawful to form a cooperative society or company. He submits that the respondents have no right to form a cooperative society because of the registration of the declaration as provided u/s 11 of the Maharashtra Apartments Ownership Act 1960. 3. This submission of the learned advocate is unacceptable in view of Rule 8 of Maharashtra Ownership of Flats Rules 1964. Under these Rules, where the apartment takers propose to subject the apartments to the provisions of Maharashtra Apartments Ownership Act 1970 by executing declarations and deeds of apartments as required under that Act, the promoter must inform the Registrar as defined under Maharashtra Cooperative Societies Act. The intimation must be given as soon as possible after the date on which the apartment owners i.e. not less than 5 apartment owners have executed such a declaration and deeds of apartments. Admittedly, this has not been done as observed by the appellate authority. : 3 : 4. In the circumstances, the Petition is rejected.