Vaishnavi 40-WP-988-2023.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 988 OF 2023 Jamuna Co-Op. Housing Sociey Ltd. Through Chirman/Secretary ...Petitioner V/s. Samarat Builders and Ors. ...Respondents _______________ Mr. Niranjan A. Mogre with Mr. Siddhesh S. Borkar & Mr. Shivendra J. Dwivedi, for Petitioner Mrs. Vaishali S. Nimbalkar, AGP for Respondent- State Mr. Gayatri Sharma, for Respondent No. 6A. ______________ CORAM: SANDEEP V. MARNE, J. DATED: 22 JUNE 2026. P.C.: 1) By this Petition, Petitioner-Society has challenged order dated 31 December 2019 passed by District Deputy Registrar, Co- operative Societies, Mumbai City (4) and Competent Authority, rejecting the application preferred by the Petitioner-Society seeking deemed conveyance of the land and the buildings. 2) I have heard Mr. Mogre, learned counsel appearing for the Petitioner. The only reason why the Competent Authority has refused to exercise jurisdiction vested in him under Section 11(3) of Maharashtra Page No. 1 of 3 22 JUNE 2026 Vaishnavi 40-WP-988-2023.docx Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA) is pendency of multiple litigations amongst the original land owners and Respondent No. 10. 3) In New Manoday Co-operative Housing Society Limited vs. Uday Madhavrao Jagtap & Ors.1 this Court has taken a view that pendency of disputes or litigation amongst the original land owners cannot be a reason for Competent Authority not exercising jurisdiction under Section 11(3) of MOFA. In my view therefore, the application needs to be decided afresh by taking into consideration ratio of judgment of this Court in New Manoday Co-operative Housing Society Limited (supra). 4) The Petition accordingly succeeds in part and I proceed to pass the following order: i) Order dated 31 December 2019 passed by the Competent Authority is set aside. ii) Application No. 256 of 2018 Bled by the Petitioner- Society is restored on the Ble of the Competent Authority to be decided afresh in the light of ratio of judgment of this court in New Manoday Co-operative Housing Society Limited (supra). 1 WP No.1421 of 2024 (OS) decided on 30 April 2024. Page No. 2 of 3 22 JUNE 2026 Vaishnavi 40-WP-988-2023.docx iii) Parties shall appear before the Competent Authority on 6 July 2026 and secure further directions regarding Bxation of dates of hearing. iv) The Competent Authority shall proceed to decide the Application Bled by the Petitioner-Society on its own merits as expeditiously as possible, preferably within a period of six months. v) All rights and contentions of parties on merits are expressly kept open to be adjudicated by the Competent Authority. 5) With the above directions, the Writ Petition is partly allowed and disposed of. [SANDEEP V. MARNE, J.] Page No. 3 of 3 22 JUNE 2026