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Search Results for "MOFA Act"

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High Court

No Limitation for Cooperative Society Dues: Bombay High Court Affirms Recovery from Flat Occupants under Section 154B-29 MCS Act

16 Jan 2026

The Bombay High Court dismissed writ petitions challenging recovery certificates issued by a cooperative housing society for long-pending maintenance ...

High Court

Bombay High Court Dismisses Developer's Appeal Against Refusal of Interim Relief in Redevelopment Dispute. Section 37(2)(b) Appeal Fails as No Prima Facie Case for Injunction Established Due to Unclear Terms and Unregistered Supplemental Agreement.

4 Mar 2025

The Petitioner, Heritage Lifestyles & Developers Pvt. Ltd., a developer, filed an appeal under Section 37(2)(b) of the Arbitration and Conciliation Ac...

High Court

Bombay High Court Allows Compromise Decree in Property Suit Despite Third-Party Intervention Claim — Consent Terms Binding on Parties, Intervener's Rights Not Affected. The Court held that a compromise between the original parties does not affect the rights of a third party claiming independent title, and such third party need not be impleaded in the suit.

29 Nov 2024

The judgment arises from a suit filed by Vinesh Rashmikant Shah and others (Plaintiffs) against Pee Jay Traders and others (Defendants) concerning dis...

High Court

Bombay High Court Grants Interim Injunction Restraining Co-operative Housing Society from Appointing Another Developer in Redevelopment Dispute. Letters exchanged between developer and society held to constitute a binding contract for redevelopment, and termination letter declared illegal.

1 Feb 2024

The plaintiff, Pittie Antariksh Grl Pvt Ltd, a real estate company, filed a suit seeking declaration that letters dated 30/8/2021 and 23/10/2021 const...

High Court

Bombay High Court Dismisses Society's Petition Challenging Membership of Garage Owners. Co-operative Housing Society Cannot Deny Membership to Garage Owner Under Section 22 of Maharashtra Co-operative Societies Act, 1960 Despite Bye-law Restriction.

7 Sep 2023

The Petitioner, Mistry Park CHS Ltd., a co-operative housing society, challenged the orders of the Deputy Registrar and Divisional Joint Registrar dir...

High Court

Bombay High Court Dismisses Petition to Appoint Arbitrator in Redevelopment Dispute — Dispute Not Arbitrable Under Section 41(e) of Specific Relief Act, 1963. Termination of Development Agreement and Claim for Possession Cannot Be Referred to Arbitration as They Involve Specific Performance and Continuous Duties.

20 Oct 2015

The petitioners, Anand Villa Co-Operative Housing Society Ltd. and its members, filed an arbitration petition under Section 11 of the Arbitration and ...

High Court

Bombay High Court Allows Petitions Challenging Court Fees in Suits for Declaration and Injunction — Section 6(iv)(j) of Bombay Court Fees Act, 1959 Applicable Instead of Section 6(v). The Court held that suits for declaration and injunction simpliciter, without seeking possession, require court fees under Section 6(iv)(j) based on market value, not fixed fee under Section 6(v).

5 Oct 2012

The case involves a group of 31 writ petitions filed by M/s. Indrapuram Resort Apartments, a partnership firm, challenging the court fee valuation in ...

High Court

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.

18 Jul 2012

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

High Court

Bombay High Court Dismisses Petitioners' Challenge to Competent Authority's Order Under MOFA — Failure to Obtain Prior Consent of Landowners Renders Development Agreement Void. The court held that the Competent Authority under Section 9A of MOFA has jurisdiction to decide disputes regarding prior consent, and the petitioners' failure to obtain such consent made the agreements void.

21 Jun 2011

The petitioners, Arenja Industries Limited and Akshar Construction, filed three writ petitions challenging orders passed by the Competent Authority un...

High Court

Bombay High Court Allows Petition Challenging Cooperative Society's Bye-Law Amendment for Non-Compliance with Section 22 of Maharashtra Co-operative Societies Act, 1960. Amendment to Bye-Law 26(c) set aside as notice of meeting did not contain proposed amendment.

30 Nov -0001

The petitioner, Sadguru University CHS Ltd., filed a writ petition challenging the amendment to Bye-Law 26(c) of the respondent society, Sadguru Premi...

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