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WRIT PETITION NO. 151 OF 2019

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Bombay High Court Dismisses Appeals Against Order of Reference to Arbitration in Suit for Specific Performance and Injunction. Court Holds That Disputes Involving a Housing Society and Its Members Regarding Development Agreement Are Arbitrable Under Section 8 of the Arbitration and Conciliation Act, 1996.

The judgment arises from two appeals filed against an order of a Single Judge of the Bombay High Court referring the parties to arbitration under Sect...

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Supreme Court Dismisses Contempt Petition for Non-Compliance of Undertaking to Vacate Flats in Cooperative Society Dispute. Court Holds That Contemnors' Failure to Vacate Does Not Amount to Willful Disobedience Given Ongoing Proceedings and Status Quo Orders.

The Supreme Court dismissed contempt petitions filed by Sant Lal Gupta and others against Umesh Kumar Jain and others for alleged willful disobedience...

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Bombay High Court Allows Appeals by Tenants Against Eviction Orders in Redevelopment Dispute — Held That Tenants Cannot Be Evicted Without Proper Rehabilitation Under MHADA and Cooperative Housing Society Bye-Laws.

The judgment pertains to a group of appeals filed by tenants (Pramod Jamnadas Gokani, Upendra Lallubhai Shah, Priti Pramod Gokani, and Kamlesh Jayant ...

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Bombay High Court Dismisses Petition Challenging Direction to Enroll Members in Co-operative Sugar Society. Section 79 of MCS Act Empowers Sugar Commissioner to Issue Directions for Membership Enrollment Despite Full Share Capital.

The petitioners, Rajaram Bapu Patil Sahakari Sakhar Karkhana Ltd. (a co-operative sugar society) and its director Pandurang Ramrao Patil, filed a writ...

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Bombay High Court Allows Petition Challenging Cooperative Society's Bye-Law Amendment and Appointment of Administrator. Court holds that amendment to bye-laws requiring members to pay additional contribution for non-residential use is ultra vires the Maharashtra Cooperative Societies Act, 1960.

The petitioners, Balaji Tower Coop. Housing Society Ltd. and Parthasarathy Rangachari, filed a writ petition challenging the amendment to bye-law 28A ...