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Bombay High Court Dismisses Appeal Against Appointment of Receiver in Suit for Specific Performance — Appellant's Alienation of Property During Pendency of Suit Held Contumacious. Doctrine of Lis Pendens Under Section 52 of Transfer of Property Act, 1882 Applied to Protect Plaintiffs' Rights.

The appeal arose from an order appointing a Receiver over a property in a suit for specific performance and permanent injunction. The plaintiffs (resp...

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Bombay High Court Allows TDR Claim for Amenity Development Under Appendix 'W' of Thane Municipal Corporation Development Regulations. Petitioner entitled to Transferable Development Rights for developing amenity space on surrendered plot under Clause 6 of Appendix 'W'.

The petitioner, M/s. Cosmos Realtors Joint Venture, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court ...

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Bombay High Court Dismisses Appeals Against Order of Reference to Arbitration in Suit for Specific Performance and Injunction. Court Holds That Disputes Involving a Housing Society and Its Members Regarding Development Agreement Are Arbitrable Under Section 8 of the Arbitration and Conciliation Act, 1996.

The judgment arises from two appeals filed against an order of a Single Judge of the Bombay High Court referring the parties to arbitration under Sect...

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Bombay High Court Dismisses Builder's Challenge to Deemed Conveyance Order Under MOFA. The Court held that the Competent Authority has jurisdiction to grant deemed conveyance of land and building to the society, and disputes over balance FSI are civil matters.

The petitioners, a builder firm and its partners, challenged an order dated 5 May 2014 passed by the Competent Authority and District Deputy Registrar...

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WRIT PETITION NO.1501 OF 2016

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Bombay High Court Partly Allows Appeal in Lease Dispute, Reduces Mesne Profits Interest Rate. Court holds that interest on mesne profits should be at 6% per annum under Section 34 CPC, not 18% as awarded by trial court.

The appellant, Bandekar Brothers Pvt. Ltd., challenged the judgment and decree dated 16.04.2009 passed in Special Civil Suit No.62/1996 by the trial c...

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Bombay High Court Dismisses Promoter's Appeal in RERA Delayed Possession Case, Upholds Allottees' Right to Interest. Section 18 of RERA Overrides Section 55 of Contract Act; Acceptance of Delayed Possession Does Not Waive Right to Compensation.

The case involves a Second Appeal filed by CCI Projects Private Limited (the promoter) against the judgment of the Maharashtra Real Estate Appellate T...