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Search Results for "Redevelopment Agreement"

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High Court

Bombay High Court Allows Appeal Against Section 9 Order for Handing Over Flats for Redevelopment — Holds That Disputed Possession Cannot Be Directed Without Final Determination of Rights in Arbitration. The court set aside the order directing possession and directed status quo pending arbitration under Section 9 of the Arbitration and Conciliation Act, 1996.

14 Nov 2025

The case involves a dispute between M/s. Rajendra Builders (appellant no.1), the original developer of a building owned by Borivali Amita Co-operative...

High Court

Bombay High Court Allows Petition Challenging Enquiry Under Section 83 of Maharashtra Co-operative Societies Act, 1960 — Enquiry Initiated Without Prior Show Cause Notice Violates Principles of Natural Justice. The court held that the requirement of a show cause notice is implicit in Section 83 and failure to issue it renders the enquiry invalid.

28 Jun 2018

The petitioner, Kamgar Swa Sadan Co-operative Housing Society Ltd., filed a writ petition challenging an enquiry initiated under Section 83 of the Mah...

High Court

Bombay High Court Dismisses Plaintiff's Suit for Specific Performance of Agreement/MoU and Deed of Assignment Due to Lack of Privity of Contract and Non-Compliance with Stamp Act. The court held that a third party cannot enforce a contract to which it is not a party, and that unregistered and insufficiently stamped documents cannot be admitted in evidence.

6 May 2016

The plaintiff, Excel Enterprises, a partnership firm, filed a suit seeking a declaration that there is a valid and binding Agreement/MoU dated 28th Se...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Interim Relief in Tender Dispute — No Prima Facie Case for Injunction Against Redevelopment Tender Process. Court Held That Appellant Failed to Show Any Legal Right to Be Considered as Developer and That Balance of Convenience Was Against Granting Injunction.

7 Apr 2016

The appellant, Ornate Housing Pvt. Ltd., filed a suit in the City Civil Court, Mumbai, seeking to restrain Respondent No.1, the Abhyuday Nagar Sahakar...

High Court

Bombay High Court Upholds Appointment of Court Receiver and Directions for Possession in Redevelopment Dispute — Non-Consenting Members Directed to Vacate to Facilitate Redevelopment. Court held that overwhelming majority of society members having consented, non-consenting members cannot obstruct redevelopment and must hand over possession through Court Receiver.

3 Oct 2013

The appeals arose from a judgment of the Learned Single Judge dated 16 September 2013 in a motion taken out by the first respondent (developer) in a s...

High Court

Bombay High Court Dismisses Developer's Suit for Specific Performance and Appointment of Court Receiver in Redevelopment Dispute — Development Agreement Not Binding on Society as It Was Not Duly Executed by Authorised Office Bearers. The court held that a development agreement executed without proper authorisation by the society's managing committee is void and not binding on the society or its members.

26 Aug 2013

The plaintiffs, M/s. Akash Pruthvi Lifestyle, a registered partnership firm engaged in development and redevelopment projects, filed a suit seeking a ...

High Court

Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

19 Nov 2012

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

High Court

Bombay High Court Dismisses Developer's Suit for Specific Performance of Redevelopment Agreement with Cooperative Society. Court holds that a developer cannot enforce an MoU and Development Agreement against a cooperative society when the society's general body has not validly passed a resolution under the Maharashtra Cooperative Societies Act, 1960, and the agreements are not binding on the society.

6 Nov 2012

The Plaintiffs, Mana Builders and Developers Pvt. Ltd. and others, filed a suit for specific performance of a Memorandum of Understanding (MoU) dated ...

High Court

Bombay High Court Dismisses Petition by Occupants Challenging Redevelopment Scheme Under DCR 33(7) — Majority Consent and Sanctioned Plans Upheld. Court held that the redevelopment scheme was validly sanctioned and the petitioners' objections were not sufficient to stall the project.

13 Dec 2010

The petitioners, seventeen occupants of residential tenements in Dalal Estate, Mumbai Central, filed a writ petition under Article 226 of the Constitu...

High Court

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.

30 Nov -0001

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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