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Bombay High Court Allows Petition Challenging Removal of Chairman in Co-operative Housing Society Dispute Over Redevelopment. Managing Committee Resolution and Deputy Registrar's Endorsement Set Aside for Violation of Natural Justice and Bye-Laws Under Maharashtra Co-operative Societies Act, 1960.

The case involves a challenge by Madhavi Vilas Gosavi (Petitioner No.2) and another member (Petitioner No.1) against a resolution of the Managing Comm...

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Deemed Conveyance under MOFA Cannot Be Set Aside Merely on Technical Objections When Developer Fails to Execute Conveyance – Bombay High Court

The dispute arose when a cooperative housing society sought deemed conveyance of the land and building from the developer who had failed to execute th...

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Supreme Court Allows Appeal of Resolution Professional in IBC Moratorium Dispute. Section 14(1)(d) of Insolvency and Bankruptcy Code, 2016 prohibits owner from recovering property occupied by corporate debtor during moratorium, even under joint development agreement.

The appeal arose from a dispute concerning the interpretation of Section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016 (IBC). The appellant, Ra...

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Bombay High Court Partly Sets Aside Arbitral Award in Development Agreement Dispute Between Cooperative Housing Society and Developer. Court Upholds Award on Termination of Agreement and Refund of Deposit but Sets Aside Directions for Possession and Appointment of Receiver.

The judgment arises from two arbitration petitions and a notice of motion filed under Section 34 of the Arbitration and Conciliation Act, 1996, challe...

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Bombay High Court Dismisses Developer's Section 9 Petition Against Tenant Not Party to Arbitration Agreement. Interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be granted against a third party who is not bound by the arbitration agreement.

The petitioner, Heritage Lifestyles & Developers Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking int...

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Bombay High Court Dismisses Appeal Against Arbitrator's Order Rejecting Interim Relief in Development Agreement Dispute. Court holds that scope of interference under Section 37 of Arbitration and Conciliation Act, 1996 is limited and does not extend to reappreciating prima facie findings of arbitrator.

The Petitioner, Della Developers Private Limited, entered into a Development Agreement dated 17th March 2006 with the Respondents, Noble Organics Priv...

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Bombay High Court Dismisses Developer's Petition Challenging City Civil Court Jurisdiction in Tenant Eviction Suit. Agreement for Sale and Power of Attorney Do Not Create Landlord-Tenant Relationship Under Bombay Rent Act, 1947, Section 28.

The present writ petition challenged an order dated 9.8.2005 passed by the City Civil Court, Bombay, on a preliminary issue of jurisdiction in L.C. Su...

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Bombay High Court Dismisses Revision Against Waqf Tribunal Order, Upholds Concurrent Findings on Waqf Property. Court holds that Civil Court has no jurisdiction to entertain suit regarding waqf property in view of Section 85 of the Maharashtra Waqf Act, 1995.

The applicant, Linker Shelter Pvt. Ltd., filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the or...