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Bombay High Court Dismisses Arbitration Petition Against Housing Society and Flat Owners for Lack of Arbitrable Dispute. Dispute over alleged oral agreement for redevelopment of building not covered by arbitration clause in share certificate.

The petitioner, M/s Heritage Lifestyle & Developers Ltd., filed an arbitration petition under Section 11 of the Arbitration and Conciliation Act, 1996...

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INTERIM APPLICATION NO.1075 OF 2023

The plaintiff, Usha Sunder Premises CHS Ltd., a cooperative society registered under the Maharashtra Co-operative Societies Act, 1960 with 25 members,...

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Bombay High Court Sets Aside Deemed Conveyance Order Under MOFA as Bifurcation Under MCS Act Already Vests Land. Section 17(2) of MCS Act Operates as Automatic Conveyance, Precluding Jurisdiction Under Section 11(3) of MOFA.

The dispute arose from a bifurcation of a co-operative housing society and a subsequent claim for deemed conveyance. The original society, Happy Homes...

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Bombay High Court Dismisses Appeal Challenging Civil Court Jurisdiction in Co-operative Society Property Dispute. Jurisdiction of Civil Court upheld over Co-operative Court for disputes involving title and possession of immovable property, not management or business of society.

The appeal arose from a decision of a Learned Single Judge of the Bombay High Court dismissing three Notices of Motion taken out by the Sixth and Seve...