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National Consumer Disputes Redressal Commission Orders Refund to Homebuyer in Vatika India Next Project - Consumer Protection Act Applies to Plot Allotment Despite Arbitration Clause - Deficiency in Service Established for Delayed Possession

The National Consumer Disputes Redressal Commission allowed a consumer complaint filed by Complainant( s) against Opp.Party(s) for deficiency in servi...

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Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance Under MOFA in Favor of Housing Societies. The Court held that the Competent Authority has jurisdiction to grant deemed conveyance under Section 11 of MOFA even if the developer retains development rights over part of the land.

The Petitioner-Developer, Kiran Builders Pvt. Ltd., challenged an order dated 15 May 2017 passed by the District Deputy Registrar, Co-operative Societ...

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Bombay High Court Partially Allows Challenges to Arbitral Award in Development Agreement Dispute. Court upholds award on termination and damages but modifies interest rate and clarifies that the builder is entitled to retain constructed area as per agreement.

The case involves two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common arbitral award ...

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Bombay High Court Dismisses Application Under Rule 133 for Delay in Seeking Adjournment to Judge — Security Order Already Set Aside by Higher Courts. Application Filed Beyond Four-Day Limitation Period Without Sufficient Cause Under Rule 133 of Bombay High Court (Original Side) Rules, 1980.

The applicant, Suresh Lachhmandas Raheja, the original plaintiff in Suit No.3190 of 2006, filed an application under Rule 133 of the Bombay High Court...

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Bombay High Court Dismisses Petition Challenging Refusal to Condon 902-Day Delay in Setting Aside Ex-Parte Order. Delay of 902 days in seeking to set aside order 'Suit to proceed without written statement' not sufficiently explained; Court upholds trial court's refusal to condone delay.

The petitioner, Rupchand Rajmalji Jain (Sancheti), was defendant No.2 in a suit filed before the City Civil Court, Mumbai. The suit was originally fil...

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Bombay High Court Allows Appeal in Co-operative Housing Society Dispute Over Title to Property — Decree of Specific Performance Set Aside Due to Non-Compliance with Statutory Requirements Under Maharashtra Co-operative Societies Act, 1960 and Maharashtra Ownership Flats Act, 1963.

The appellant, The Pashmina Co-operative Housing Society Ltd., filed an appeal under Section 96 of the Civil Procedure Code, 1908, challenging the jud...

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WRIT PETITION NO.4520 OF 2014

The writ petitions challenged the constitutional validity and propriety of a notification dated January 29, 2014, issued by the Finance Department of ...