Registration of Separate Housing Societies Under Section 9 Versus Statutory Bifurcation Under the Maharashtra Co-operative Societies Act

Highlights of the Judgment:
- Examination of whether a new housing society can be independently registered under Section 9 of the MCS Act when an existing society already covers the building.
- Statutory interpretation harmonizing Section 9 with Sections 17 and 18, mandating formal bifurcation procedures for splitting existing societies.
- Application of the doctrine of estoppel by contract arising from explicit restrictive covenants in registered Agreements for Sale.
- Judicial evaluation of physical and structural integration, emphasizing inseparable common amenities, utilities, and multi-floor parking blocks.
- Rejection of administrative circulars as a source of statutory power to bypass mandatory legal safeguards for society division.