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Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance Under MOFA Act — Society Entitled to Conveyance of Both Plots. District Registrar's Order Under Section 11 of MOFA Act, 1963 Upheld as Developer Failed to Show Jurisdictional Error.

The petitioners, M/s. Sawant Constructions, a partnership firm and developer, challenged an order dated 21 June 2013 passed by the District Deputy Reg...

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Bombay High Court Upholds Injunction Against Developer in MOFA Dispute Over Common Areas and Parking Rights. Developer restrained from constructing on open space and selling car parks as they are common facilities under Maharashtra Ownership Flats Act, 1963.

The dispute arises from a development project known as Phoenix Towers in Parel, Mumbai. The appellants, Phoenix Construction Company and another, are ...

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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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High Court of Karnataka Adjudicates Appeal Against Dismissal of Specific Performance Suit Arising from Joint Development MOU; Developer Seeks Amendment to Include Refund Claim After Dismissal of Suit.

The appeal arose from a commercial suit for specific performance of a Memorandum of Understanding (MOU) dated 27.09.2004. The appellant, M/s Whitefiel...

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Bombay High Court Dismisses Developer's Suit for Specific Performance Against Cooperative Housing Society and Members Due to Lack of Privity and Authority. The court held that a cooperative society cannot bind its members to a development agreement without their consent, and the suit was not maintainable.

The plaintiff, Vardhman Developers Ltd., filed a suit for specific performance of a development agreement against Borla Co-operative Housing Society L...

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High Court of Judicature at Bombay Hears Cross Appeals Against Temporary Injunction Order in Suit by Co-operative Housing Society. Developer and Land Owner Challenge Order Restraining Construction and Use of FSI in Suit Alleging Breach of Development Obligations.

The dispute arose from a development project known as Dosti Flamingos in Sewri, Mumbai. M/s. Dosti Corporation, a partnership firm, acted as developer...

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Bombay High Court Allows Writ Petition Challenging Apex Grievance Redressal Committee Order in Slum Rehabilitation Case. AGRC's Reversal of Developer Termination Set Aside for Non-Application of Mind and Violation of Natural Justice.

The petitioner, Hanuman Nagar (Jogeshwari) SRA CHS (Proposed), is a society of slum dwellers residing on a plot in Jogeshwari, Mumbai. In 2006, the ma...