Case Note & Summary
The dispute arose from a development project known as Dosti Flamingos in Sewri, Mumbai. M/s. Dosti Corporation, a partnership firm, acted as developer for Standard Industries Limited, the landowner, under a development agreement dated 10 June 2004. The project comprised four residential wings with cooperative housing societies formed for each wing: Snow Flama, Sandy Flama, Sea Flama (the plaintiff), and Sky Flama. The plaintiff society filed Suit No.2073 of 2014 in the City Civil Court at Bombay seeking conveyance of the suit property, removal of barricades, payment of corpus, and perpetual injunction against further construction, particularly a public parking lot and Wing C. The society alleged that the developer obtained Intimation of Disapproval and commencement certificates for these additional constructions without consent, which would reduce open space and violate Development Control Regulations. The development commenced in May 2004, and completion certificates were issued by March 2008. The developer registered the societies only in 2010 after delays. Through RTI queries in 2012-13, the plaintiff learned of the developer's applications for modification: an IOD dated 9 November 2009 for a public parking lot and another IOD dated 7 June 2010 for Wing C. The plaintiff contended these constructions were not disclosed to flat purchasers and were commercial in nature. Notices were exchanged in 2013 and 2014, and the suit was filed on 10 July 2014 with Notice of Motion No.2672 of 2014. The trial court, on 27 July 2015, granted a temporary injunction restraining defendants 1 and 2 from any construction on the suit property and from utilizing FSI pending suit. Aggrieved, both defendants appealed: M/s. Dosti Corporation filed Appeal from Order No.117 of 2016, and Standard Industries Limited filed Appeal from Order (St) No.23483 of 2015. The High Court heard both appeals together, reserved judgment on 25 February 2016, and pronounced on 7 April 2016. The provided text does not include the High Court's reasoning, analysis, or final decision; thus, the legal issues, submissions, ratio decidendi, and judgment outcome are not available.
Issue of Consideration
APPEAL FROM ORDER NO. 117 OF 2016
Case Details
2016 LawText (BOM) (04) 47
Appeal from Order No. 117 of 2016 and Appeal from Order (St) No. 23483 of 2015
Mr.Aspi Chinoy, Mr.E.P.Bharucha, Mr.D.D.Madon, Mr.Zain Mokhi, Mr.S.U.Kamdar, Mr.J.Reis and respective associates
M/s.Dosti Corporation and Standard Industries Limited
Sea Flama Co-operative Housing Society Limited and others
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Civil suit for conveyance, removal of barricades, and perpetual injunction against construction and use of FSI by a co-operative housing society against the developer and landowner.
Remedy Sought
Plaintiff society sought an order directing defendants to convey the suit property, remove barricades, and desist from constructing a public parking lot and Wing C; interim temporary injunction was granted by trial court, which is challenged in these appeals.
Filing Reason
Alleged breaches by developer including failure to convey property, unauthorized application for additional construction (public parking lot and Wing C) without consent of members, violation of Development Control Regulations, and delay in registering co-operative society.
Previous Decisions
The City Civil Court, Bombay, by order dated 27 July 2015 in Notice of Motion No.2672 of 2014, granted temporary injunction restraining defendants 1 and 2 from putting up any construction on the suit property and from using any FSI until disposal of the suit.
Judgment Excerpts
Both these appeals were heard together finally at the admission stage and are being disposed of by a common order.
The development of the suit property commenced on 27th May, 2004 and continued till 31st March, 2008.
The plaintiff also prayed for perpetual order and injunctions against defendant nos. 1 and 2 from dealing with and/or putting up any construction on the suit property and/or submitting any plan
Procedural History
Plaintiff Sea Flama Co-operative Housing Society filed Suit No.2073 of 2014 in City Civil Court at Bombay along with Notice of Motion No.2672 of 2014 seeking temporary injunction. By order dated 27 July 2015, the trial court granted temporary injunction restraining defendants 1 and 2 from construction and using FSI. Defendants 1 and 2 separately filed appeals before the High Court: Appeal from Order No.117 of 2016 by M/s.Dosti Corporation and Appeal from Order (St) No.23483 of 2015 by Standard Industries Limited. The High Court heard both appeals together and reserved judgment on 25 February 2016, pronouncing on 7 April 2016.
Acts & Sections
- Indian Partnership Act, 1932:
- Maharashtra Co-operative Societies Act, 1960:
- Indian Companies Act, 1956:
- Maharashtra Ownership Flats Act, 1963:
- Development Control Regulations:
- Right to Information Act, 2005:
