Statutory Rights Prevail Over Private Contracts: Bombay HC on Housing Society Deregistration

The Bombay High Court held that no clause in a private agreement can override statutory rights under the Maharashtra Cooperative Societies Act (MCS Act), 1960.

The Court quashed the deregistration of an apex cooperative housing association formed under Section 154B, following objections from a developer who failed to execute conveyance deeds as required under MOFA.

The Court rejected the developer’s claim that the registration was premature and without consent. The Court held that flat purchasers have a statutory right to form cooperative societies, and such rights can't be restricted by contract.

The Registrar's action under Section 21A was deemed baseless, with no fraud or misrepresentation proven.