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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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Bombay High Court Allows Society's Petition, Quashes Revision Order Against Re-Audit Report Under Section 81(6) of Maharashtra Co-operative Societies Act. Re-audit report is a mere opinion, not a decision or order, and revision under Section 154 is not maintainable.

The Bombay High Court dealt with two writ petitions arising from a dispute concerning the re-audit of a cooperative society registered under the Mahar...

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Bombay High Court Dismisses Tenants' Challenge to MHADA Acquisition of Cessed Buildings for Redevelopment. Tenants Lack Locus Standi to Challenge Acquisition and Tender Process Under Maharashtra Housing and Area Development Act, 1976.

The petitioners, tenants of Dattatraya Buildings in Mumbai, filed writ petitions challenging the acquisition of the buildings by the Maharashtra Housi...

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Bombay High Court Dismisses Section 37 Petition Challenging Arbitrator's Order Terminating Arbitration for Lack of Arbitration Agreement. Developer Fails to Prove Existence of Arbitration Clause in Development Agreement with Cooperative Housing Society.

The petitioner, M/s. Panama Builders & Developers Pvt. Ltd., filed a petition under Section 37 of the Arbitration and Conciliation Act, 1996, challeng...

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High Court Dismisses Petition of Cooperative Society Seeking Division of Assets Under Section 79 of Maharashtra Cooperative Societies Act. Court Holds That Section 79 Does Not Apply to Division of Assets After Bifurcation Under Section 18C, and Petitioner Must Seek Implementation of Government Order.

The petitioner, a cooperative society registered for the Bhandara district, filed a writ petition under Articles 226 and 227 of the Constitution of In...

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Bombay High Court Quashes Competent Authority Order in MOFA Dispute — Failure to Provide Hearing Violates Natural Justice. Section 5A of MOFA Requires Notice and Opportunity of Hearing Before Directing Conveyance of Land to Society.

The petitioners, Mazda Construction Company, Maredia Enterprises, and Sultanabad CHS Ltd. (Proposed), challenged an order dated 11.04.2012 passed by t...

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Bombay High Court Dismisses Bank's Arbitration Petitions Against Guarantors Due to Limitation and Lack of Arbitration Agreement. The court held that claims against guarantors were barred by limitation and that the arbitration clause in the loan agreement did not extend to guarantors who were not signatories.

The case involves three arbitration petitions filed by Abhyudaya Co-operative Bank Ltd. against various respondents, including Rainproof Exports Pvt. ...