Search Results for "Developer's Right"

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Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
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Search Results for "Developer's Right"

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High Court

Bombay High Court Allows Deemed Conveyance Under MOFA Despite Pending CIRP Under IBC — Section 14 IBC Does Not Bar Competent Authority from Exercising Jurisdiction Under Section 11(3) MOFA. The Court held that the statutory right of flat purchasers to obtain deemed conveyance under MOFA cannot be defeated by the pendency of insolvency proceedings against the promoter.

22 Jun 2026

The petitioner, Darshan Mandir Co-operative Housing Society Limited, is a cooperative housing society formed by purchasers of flats in a building cons...

High Court

Bombay High Court Allows Deemed Conveyance to Co-operative Society Despite Pending Layout Development — MOFA Obligation to Convey Land to Flat Purchasers Is Not Contingent on Completion of Entire Layout. The Court held that the developer's obligation under Section 11 of MOFA, 1963 to convey the land to the society is absolute once occupation certificate is granted, and the Competent Authority cannot reject an application for deemed conveyance on the ground that the developer has not completed the entire layout.

15 Jun 2026

The Petitioner, Upvan Woodlands Co-operative Housing Society Limited, filed a writ petition under Article 227 of the Constitution of India challenging...

High Court

Bombay High Court Dismisses PIL Challenging Slum Rehabilitation Scheme for Koli Fisherfolk Community — No Locus Standi Found as Petitioners Failed to Establish Any Legal Right or Interest in the Subject Land. The Court Held That the Petitioners, Being Societies Not Directly Affected by the Development, Could Not Maintain a Public Interest Litigation for Alleged Violations of CRZ Norms and Fisheries Act.

16 Mar 2026

The petitioners, Danda Koli Masemari Vyavasayik Sahakari Sanstha Maryadit and Danda Koli Samaj, filed a public interest litigation before the Bombay H...

High Court

Bombay High Court Allows Appeal in Specific Performance Suit — Sets Aside Dismissal for Default and Restores Suit on Condition of Costs. Advocate's Mistake in Noting Date Constitutes Sufficient Cause Under Order IX Rule 9 CPC.

4 Nov 2025

The present appeal arises from an order dated 20/12/2023 passed by the City Civil Court, Dadri, dismissing the appellants' (original plaintiffs') suit...

High Court

Bombay High Court Allows Arbitration Petition Under Section 11 of Arbitration and Conciliation Act, 1996 — Dispute Referred to Sole Arbitrator Despite Alleged Non-Signatory Status. Court Holds That Existence of Arbitration Agreement Between Petitioner and Respondent Is Prima Facie Established Through Email Exchange and Conduct.

6 Oct 2025

The petitioner, Sunteck Realtors Private Limited, filed a petition under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment...

High Court

Legal Precedent on Developer Change in SRA Projects. Understanding the implications of the judgment for developer changes in Slum Rehabilitation Authority projects.

10 May 2024

Writ petition filed by a developer challenging the termination of their appointment by the Slum Rehabilitation Authority (SRA) to implement a Slum Reh...

High Court

Bombay High Court Allows Appeal Against Ad-Interim Injunction in Redevelopment Dispute — Balance of Convenience Favors Society and Developer Over Individual Members. The court set aside the injunction restraining the society from alienating the suit flat, holding that the project was near completion and the members had not shown irreparable injury.

14 Oct 2019

The appeal arises from an ad-interim order passed by the Bombay City Civil Court at Dindoshi, Mumbai, which restrained the appellant, Goregaon Pearl C...

High Court

Bombay High Court Dismisses Cooperative Housing Society's Petition for Mandamus to Demolish Staircase for Fire Access. Court holds that the Society failed to establish any legal right or breach of statutory duty by MMRDA or other authorities regarding open space requirements under Development Control Regulations.

19 Jun 2019

The Petitioner, Bhavya Height Co-operative Housing Society Ltd., filed a Writ Petition under Article 226 of the Constitution of India seeking a writ o...

High Court

Bombay High Court Dismisses Developer's Petition for Interim Relief Under Section 9 of Arbitration Act — Dispute Over Possession of Flats for Redevelopment Not Arbitrable as Members Not Bound by Development Agreement. The court held that interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, cannot be granted against persons who are not parties to the arbitration agreement, and the members of the society were not bound by the arbitration clause in the development agreement.

8 May 2015

The petitioner, Shri Krishan Sai Development Corporation, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996,...

High Court

Bombay High Court Dismisses Developer's Challenge to SRA Order in Slum Rehabilitation Scheme. CEO's Direction to Process Letter of Intent Upheld as 70% Consent of Eligible Members Was Validly Obtained Under DCR 33(10).

28 Jan 2011

The case involves a slum rehabilitation scheme under DCR 33(10) of the Development Control Regulations for Greater Mumbai. The petitioners, Lokhandwal...

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