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Bombay High Court Holds Pending Civil Suits Not a Bar to Deemed Conveyance Under MOFA: Quantum Park CHS v. AHCL-PEL & Ors

The Bombay High Court allowed the writ petition filed by Quantum Park Cooperative Housing Society and quashed the order rejecting its application for ...

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Bombay High Court Hears Petition to Set Aside Arbitral Award in Redevelopment Dispute; Developer Challenges Directions to Amend Building Plans and Pay Compensation. Court's Decision Awaited.

The dispute pertained to redevelopment of a cooperative housing society's property. The respondent society, owner of a plot in Andheri, Mumbai, appoin...

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Bombay High Court Allows Writ Petition by Resident Welfare Association Against Developer for Non-Payment of Adequate Compensation Under DCR 33(7). MHADA Directed to Determine and Enforce Compensation for Temporary Alternate Accommodation as Per Notarized Agreements.

The petitioner, Kagalwala Building Resident Welfare Association, representing residents of a building being redeveloped by respondent No.4 (Aaraaish D...

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Bombay High Court Quashes Stamp Duty Demand on Shifting Agreements in MHADA Redevelopment Project — Collector of Stamps Lacked Review Power and Agreements Were for Temporary Shifting, Not Permanent Alternate Accommodation Under Article 25(d) of Bombay Stamp Act, 1958.

The Petitioner, Guruashish Construction Pvt. Ltd., a builder and developer, entered into a tripartite Joint Development Agreement dated 10 April 2008 ...

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Bombay High Court Examines Arbitrability of Disputes Between Developer and Non-Signatory Member of Cooperative Society Under Development Agreement. Issue Involves Permissibility of Invoking Arbitration Clause Against Dissenting Member Not Party to Agreement.

The dispute arose from the redevelopment of a cooperative society's building in Mumbai. The applicant, a developer, entered into a Development Agreeme...

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Bombay High Court Upholds Specific Performance of Development Agreement in Favor of Purchasers. Agreement for Development Treated as Agreement for Sale Under Specific Relief Act, 1963 as Essential Terms Constitute Sale of Immovable Property.

The appellants, original defendants, were the owners of a property in Pune. They executed a development agreement dated 18th October 2007 in favor of ...

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Bombay High Court Dismisses Petitioner's Claim for Reduced Stamp Duty on Development Agreements Under COVID-19 Concession. Development Agreement Not Equivalent to Conveyance; Notification Under Article 25(b) of Maharashtra Stamp Act, 1958 Inapplicable.

The petitioner, M/s. Sandeep Dwellers Private Limited, a construction company, entered into three development agreements dated 28.12.2020, 31.12.2020,...

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Supreme Court Allows Appeal in Arbitration Dispute Over Incorporation of Arbitration Clause by Reference. Clause 14 of Permanent Alternate Accommodation Agreements Clearly Intended to Incorporate Entire Development Agreement Including Arbitration Clause.

The Supreme Court allowed appeals against a Bombay High Court order that had dismissed applications under Section 11 of the Arbitration and Conciliati...