Search Results for "RERA Act"

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Bombay High Court Allows Second Appeals in RERA Execution Case, Holding Order XXI Rule 32(5) CPC Applicable. The court set aside the Appellate Tribunal's order disallowing amendment to execution applications seeking construction by decree holders at promoter's cost.

The case involves five second appeals filed by allottees (Rajan Chandiramani, Jagruti Parikh and Anr., Priyanka Waghela, Srichand Makhija, and Jayesh ...

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Bombay High Court Dismisses Promoter's Appeal in RERA Delayed Possession Case, Upholds Allottees' Right to Interest. Section 18 of RERA Overrides Section 55 of Contract Act; Acceptance of Delayed Possession Does Not Waive Right to Compensation.

The case involves a Second Appeal filed by CCI Projects Private Limited (the promoter) against the judgment of the Maharashtra Real Estate Appellate T...

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Bombay High Court Allows Promoter's Appeal in RERA Case, Holding That Acceptance of Delayed Possession Without Protest Does Not Waive Right to Interest Under Section 18 of RERA. Statutory Right to Interest Under RERA Cannot Be Waived by Mere Acceptance of Possession Without a Clear Agreement.

The case involves a Second Appeal filed by CCI Projects Private Limited (the promoter) against an order of the Maharashtra Real Estate Appellate Tribu...

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Bombay High Court Dismisses Petition Challenging De-registration of Housing Federation in Ongoing Real Estate Project — RERA Rule 9(1)(ii) Overrides MCS Act for Formation of Apex Body Before Project Completion.

The petitioner, Lodha Belmondo Housing Federation Ltd., a federation registered under the Maharashtra Co-operative Societies Act, 1960, challenged the...

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Bombay High Court Directs Statewide Integration of Building Plan Management System with MahaRERA to Prevent Fraudulent Real Estate Registrations. Court Emphasizes Need for Coordinated Verification of Commencement and Occupation Certificates Under RERA Act.

The petitioner, Sandeep Pandurang Patil, filed a Public Interest Litigation under Article 226 of the Constitution of India before the Bombay High Cour...

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Bombay High Court Allows Writ Petition by Debenture Trustee Seeking Enforcement of Security Interest Against Developer and Its Directors Under SARFAESI Act — Held That Trustee Is a 'Secured Creditor' Entitled to Take Possession of Mortgaged Property Despite Pending RERA Proceedings.

The petitioner, IDBI Trusteeship Services Limited, a debenture trustee, filed a writ petition seeking a direction to the District Collector, Pune, and...

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Bombay High Court Dismisses Developer's Maintainability Challenge and Upholds RERA Recovery Certificate in Allottee Refund Case. Real Estate Regulatory Authority Has Power to Issue Recovery Certificate Under Section 40(1) of RERA Act, 2016 for Refund Orders.

The judgment pertains to two connected matters: an Interim Application filed by the developer, Marvel Sigma Homes Pvt. Ltd., challenging the maintaina...

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Supreme Court Allows Builder's Appeals in Consumer Cases, Sets Aside Refund Order. Clause 11.4 of Builder-Buyer Agreement Limits Developer's Liability to Refund Only if Agreement is Terminated; Allottees Not Entitled to Refund Without Termination.

The appeals arise from a common judgment of the National Consumer Disputes Redressal Commission (NCDRC) in ten consumer cases filed by allottees again...

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Bombay High Court Dismisses Second Appeals by Developer in Possession Suits — Concurrent Findings of Fact Cannot Be Reopened Under Section 100 CPC. Suits for possession based on title and prior possession were decreed; no substantial question of law arose.

The appellant, M/s. Samruddhi Developers, a partnership firm, filed four second appeals under Section 100 of the Code of Civil Procedure, 1908, challe...