SACHIN MALPANI Vs. NILAM PATIL

JUDGEMENT

(1.) Present Writ Petition takes exception to order dtd. 13/5/2022 passed by the Co-operative Court, Pune by which Appeal No.01 of 2021 filed by Petitioners under Sec. 16B of the Maharashtra Apartment Ownership Act, 1970 (for short "the Apartment Act") was dismissed.

(2.) Brief facts germane for adjudication of the present Petition are as follows:-

(3.) Mr. Damle, learned Senior Advocate for Petitioners would at the outset submit that Sec. 16A of the Apartment Act empowers the 'Registrar' to adjudicate upon the issue pertaining to violations under the Apartment Act. He would submit that 'Registrar' is defined under Sec. 2(s) of the Apartment Act as a person appointed as a Registrar under the under the Maharashtra Co-operative Societies Act, 1970 (for short 'MCS Act'). However he would submit that in the present matter, the order dtd. 8/7/2021 is passed by Respondent No.10 who is the Deputy Registrar of Co-operative Societies and not the 'Registrar' as envisaged under the Apartment Act which is the applicable statute in the present case. He would submit that the order dtd. 8/7/2021 passed by Respondent No.10 - Deputy Registrar of of Co-operative Societies is sans jurisdiction and amounts to nullity.