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NOTICE OF MOTION NO. 443 OF 2012

The matter arises out of Suit No. 1512 of 2009 before the Bombay High Court, filed by Shapoorji Pallonji & Company Ltd. against Jignesh Shah, Aruna Sh...

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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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Bombay High Court Dismisses Notice of Motion in Suit for Specific Performance — Plaintiffs Fail to Establish Prima Facie Case for Injunction Against Developer. Agreement for Sale Not Concluded as Essential Terms Remained Unsettled, No Enforceable Contract Under Specific Relief Act, 1963.

The plaintiffs, a group of 52 individuals, filed a suit for specific performance of an alleged agreement for sale of flats in a building to be constru...

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Bombay High Court Grants Interim Relief to Flat Purchaser Under Section 9 of Arbitration Act for Incomplete Flat Due to Struts. Developer directed to remove struts and complete flat within 12 weeks or pay compensation.

The petitioners, Shahveer Padam Kapadia and another, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim r...

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Supreme Court Upholds Consumer Commission's Compensation Award Against Builder for Delayed Possession in Housing Project. Builder's 'Endeavour' Clause Interpreted as Requiring Reasonable Efforts, and Contractual Compensation Rate Held Unfair Under Consumer Protection Act, 1986.

The dispute arose from a delayed housing project where the builder, NBCC (India) Limited, failed to hand over possession of a residential unit to the ...

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Bombay High Court Upholds Injunction Against Developer in Dispute Over Exhausted FSI and Conveyance Rights. Prima Facie, Developer's Attempt to Use TDR for Further Construction on Sector IV-A After Exhausting Consumable FSI Violates Cooperative Housing Societies' Right to Conveyance.

The Bombay High Court dealt with cross-appeals arising from an interim injunction granted in a suit filed by cooperative housing societies against the...

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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 Quashes FIR in Cheating Case Due to Civil Nature of Dispute — Sale of Flat by Registered Deed Does Not Attract Criminal Offence Under Sections 406, 420 IPC. Dispute Regarding Title Over Property Already Subject Matter of Civil Suit, Criminal Proceedings Amount to Abuse of Process.

The petitioners, a husband and wife, purchased a residential flat in Kharghar, Navi Mumbai, from Mrs. Bhavana Karande by a registered sale deed dated ...