Search Results for "developer/promoter"

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Search Results for "developer/promoter"

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High Court

Bombay High Court Dismisses Petition Challenging Competent Authority's Order Under MOFA — Upholds Validity of Conveyance Deed Executed by Society. Court holds that the Competent Authority under Section 5-A of the Maharashtra Ownership Flats Act, 1963 has jurisdiction to direct execution of conveyance even after lapse of time, and that the petitioner's challenge based on alleged lack of authority was without merit.

9 Dec 2025

The petitioner, Lokmanya Pan Bazar Association Ltd., a guarantee company registered under the Companies Act, 1956, filed a civil writ petition under A...

High Court

Bombay High Court Allows Refund of Stamp Duty on Cancelled Development Agreement Under Section 47(c)(5) of Maharashtra Stamp Act, 1958. Petitioner entitled to refund as transaction was cancelled before possession and within two years, not covered by Section 48 proviso.

3 Sep 2025

The Petitioner, M/s. Satyam Construction, entered into a Development Agreement on 2 June 2011 with Shri Rajiv Ghule and others for development of land...

High Court

Bombay High Court Allows Petition in Cooperative Society Dispute — Appointment of Administrator Set Aside for Violation of Natural Justice. The Court held that the District Deputy Registrar's order appointing an administrator under Section 77 of the Maharashtra Cooperative Societies Act, 1960 was passed without affording the society a hearing, violating principles of natural justice.

24 Apr 2026

The petitioner, Karamshi Jethabhai Somaiya Trust, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court ch...

High Court

Bombay High Court Dismisses Promoters' Challenge to Deemed Conveyance Under MOFA — Upholds Competent Authority's Order Including Recreational Ground Area. The Court held that the Competent Authority's order under Section 11 of the Maharashtra Ownership Flats Act, 1963 was valid and the petitioners' objections regarding excess land and right of way were not sustainable.

24 Feb 2025

The petitioners, Nahalchand Laloochand Pvt. Ltd., Rajesh Himatlal, and Wonder Estate Developers Pvt. Ltd., filed a writ petition under Article 226 of ...

High Court

Bombay High Court Grants Interim Relief Under Section 9 of Arbitration Act in Developer-Society Dispute Over Land Development Agreement. Court holds that a valid arbitration agreement exists and that the petitioner has a strong prima facie case for protection of its rights under the MoU.

2 Mar 2010

The petitioner, Spectrum Estates Private Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim relief ...

High Court

WRIT PETITION NO. 151 OF 2019

15 Apr 2025

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High Court

Bombay High Court Dismisses Petition Challenging Impleadment of Promoter in Co-operative Dispute Under Section 94(3)(c) MCS Act. Co-operative Court's Power to Implead Parties Is Not Restricted to Persons Enumerated Under Section 91(1)(a) to (e) and Includes Necessary Parties for Effective Adjudication.

8 Jul 2026

The petitioners, members of Bramha Suncity Co-operative Housing Society Ltd., filed Dispute No.106/2021 before the Co-operative Court under the Mahara...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Concluded Contract. Document lacking vendor's signature and containing incomplete terms cannot be enforced under Section 16(c) of the Specific Relief Act, 1963.

18 Dec 2023

The appellants (original defendants) challenged the trial court's decree for specific performance of an alleged agreement to sell dated 1st October 20...

High Court

Bombay High Court Quashes Deemed Conveyance Order in Favor of Cooperative Society Due to Non-Compliance with Statutory Requirements. The District Deputy Registrar failed to follow mandatory procedure under Section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 before granting deemed conveyance.

24 Mar 2015

The Petitioners, Tushar Jivram Chauhan and Jivram Lalji Chauhan, are the owners of a plot of land in Mulund West, Mumbai, on which two buildings (Shri...

High Court

Bombay High Court Sets Aside Deemed Conveyance Order Under MOFA as Bifurcation Under MCS Act Already Vests Land. Section 17(2) of MCS Act Operates as Automatic Conveyance, Precluding Jurisdiction Under Section 11(3) of MOFA.

29 Jul 2026

The dispute arose from a bifurcation of a co-operative housing society and a subsequent claim for deemed conveyance. The original society, Happy Homes...

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