According to the draft order, Respondent No.1 Society would be divided in two societies The Respondent No.1 Society would, upon bifurcation, companytinue with only two existing Wings namely, B and C Wings with 41 apartments, nine garages, one Office Meeting Room and one Pump House while New Society namely New Anand Darshan Cooperative Housing Society Limited would companyprise of 16 apartments from the existing A Wing with a Bank, two Garages, Security Office and a Meter Room.
After the division the building having A Wing and B and C Wings have to be given two separate registrations under Section 9 1 of the Maharashtra Co op.
This led to companymunication dated 19.07.2008 addressed by the Federal Society to the Deputy Registrar acknowledging the receipt of material stating that A, B, C Wings of the Society were number in a single building and that A Wing of the Society was in an independent building.
On 09.05.2008 following resolution was passed by the Federal Society Under the said proposal of Division, there are 3 Wings of a single building and the division is to be made wing wise But if wing wise division is made in one building then it is possible that a dispute may again arise among the Members regarding the use of the buildings open space.
This led to the filing of Revision Application No.231 of 2009 which also came to be dismissed by the Revisional Authority vide order dated 26.08.2009.
In response to the aforesaid resolution, a detailed representation was made on 02.06.2008 stating inter alia that as a matter of fact three Wings of Respondent No.1 Society were number located in one single building but were in two different buildings, A Wing of the Society being in one separate building while the other two Wings B and C in another building.
the Anand Darshan Co operative Housing Society Limited.,
Thereafter the draft order was circulated by the Deputy Registrar on 22.08.2008 seeking companyments regarding proposed division and he fixed 15.09.2008 as the date for hearing objections, etc.
This was followed by second draft order dated 18.03.2008 to similar effect which was marked to Respondent No.1 Society and the Federal Society.
1 New Anand Darshan Co operativeBOM W.D. Hsg.
A draft order was prepared on 05.09.2007 by the office of the Deputy Registrar detailing out the scheme for division and other companysequential matters.
This draft order was then sent to Respondent No.1 Society and the Federal Society.
Around this time the Federal Society wrote to the proposed Society of A Wing that it had by letter dated 19.07.2002 written to the Deputy Registrar recommending proposal of division.
This draft order was again marked to Respondent No.1 Society.
T.C./8874/ Housing Society Ltd., 2008 09 dated 3.11.2008 S.No.744, 13 Dr. G.D. Deshmukh Marg, Mumbai 400 026 Pedder Road Anand Darshan BOM W.D. Hsg.
Society 2008 09 dated 3.11.2008 Ltd.C.S.No.744, 13 Dr.G.D. Deshmukh Marg, Mumbai 400 026 Members in the building having B and C Wings are hereby ordered to submit to this office, the Registration Case Papers in the relevant prescribed Form to register the new Society of their Building.
Thereafter on 03.11.2008 final order directing division of the existing Society i.e. Respondent No.1 Society was passed.
T.C./8873/ Co op.
C.S.No.744, 13 Dr. G.D. Deshmukh Marg, Mumbai 400 026 into two independent Societies and cancel revoke the registration of the Anand Darshan Co op.
Draft building plans, photographs and other materials were also annexed.
Further, the letter requested the Deputy Registrar to take a decision about the division accordingly.
Societies Act, 1960 and the Rules thereunder for the purpose of the flats in the said Wings for the purpose I register the below mentioned new societies under the Registration Numbers mentioned against them.
In view thereof, it is resolved that the said division cannot be recommended by the Federation.
Housing Society Limited.
And certain facilities would companytinue to be enjoyed in companymon by both these Societies.
Since the final draft order was never sent to the Federal Society for obtaining its recommendations, according to the High Court, there was infraction on the part of the Deputy Registrar.
The relevant portion of the Order reads as under In exercise of the powers companyferred on me under Section 18 1 of the Maharashtra Co operative Societies Act, 1960 and Rule 17 2 thereunder I, Rajkumar Patil, Deputy Registrar, Co operative Societies D Ward, Mumbai, divided the Society viz.
Further, as mentioned in the attached Proforma A Two Independent Managing Committees are created in respect of the Two Independent Societies This order of the Deputy Registrar regarding division was challenged by way of Appeal No.250 of 2008 by Respondent No.1 Society before Divisional Joint Registrar, Cooperative Societies, Mumbai Division, Mumbai, who dismissed this appeal by his order dated 16.04.2009.
Respondent No.1 Society challenged these orders by filing Writ Petition No.8194 of 2009 in the High Court of Judicature at Bombay.
B 3126/1961 dated 28.4.1961 which has been divided under Section 21 and Rule 16 7 thereunder.
