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The Bombay High Court has overturned the de-registration of a Borivli West housing society federation, ordering restoration of its registration under the Maharashtra Cooperative Societies Act. The federation, registered in January 2018, had been de-registered following an appeal filed in April 2025-almost seven years later-by another society claiming ignorance of its registration. However, the federation presented evidence showing that the appellant society had earlier applied for membership, proving prior knowledge. Justice Amit Borkar ruled that false claims cannot justify condonation of delay, quashing the registrar's order. The court stressed that statutory authorities must act within the law, reinforcing accountability and truthfulness in cooperative society proceedings across Maharashtra.
The Bombay High Court has set aside the de-registration of a housing society federation located in Borivli West and directed the restoration of its registration certificate issued under the Maharashtra Cooperative Societies Act. The federation had initially been registered in January 2018, but its registration was later challenged by a cooperative housing society that approached the authorities with an appeal in April 2025 - nearly seven years after the registration was granted. Advertisement
The challenging society claimed that it was unaware of the federation's registration and sought condonation of the delay on the grounds of lack of knowledge. However, the federation produced documentary evidence, including a letter from the society itself, proving that the latter had earlier applied for membership in the same federation. This, the High Court observed, demonstrated that the society had knowledge of the registration long before filing its appeal.
Justice Amit Borkar, presiding over the matter, held that judicial discretion cannot be invoked to condone delays based on falsehood. The court observed that allowing such pleas would defeat the principles of fairness and accountability embedded in the Maharashtra Cooperative Societies Act. He also rejected the argument that the federation should have pursued a revision application instead of an appeal, noting that when the reason for condonation is demonstrably false, procedural alternatives cannot override statutory limitation periods.
Accordingly, the High Court quashed the divisional joint registrar's April 2025 order that had de-registered the federation and directed the restoration of the registration certificate granted in January 2018. The court further emphasised that statutory authorities must act within the framework of law and should not accept explanations unsupported by credible evidence.
For cooperative housing societies across Maharashtra, the decision serves as a cautionary precedent, reinforcing that appeals and condonation applications must rest on truth and transparency rather than afterthoughts or fabricated claims. The verdict also calls upon registrars and cooperative officials to ensure that de-registration orders are passed only after thorough due diligence and adherence to legal norms.
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