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Bombay High Court Allows Appeal in SARFAESI Act Case — Plaint Rejection Upheld for Lack of Civil Court Jurisdiction. Dispute over mortgaged properties held to be exclusively triable by DRT under Section 34 of SARFAESI Act, 2002.

The case involves two appeals arising from a suit filed by Pooja Ravikumar Nidasoshi and Vandana (plaintiffs) against the Gadhinglaj Urban Co-operativ...

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High Court of Karnataka Hears Appeal Against Dismissal of Suit for Permanent Injunction Involving Temple Dispute. Plaintiffs Sought Injunction to Restrain Interference with Possession of Temple Premises in Residential Complex.

The appeal under Section 96 read with Order XLI of the Code of Civil Procedure, 1908 was filed against the judgment and decree dated 09.09.2016 passed...

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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 Petition by Slum Dwellers Challenging Slum Rehabilitation Project — Project Approved Under Maharashtra Slum Areas Act for Rehabilitation of 132 Slum Dwellers.

The petition was filed by Amba Chawl Wadi Rahiwasi Seva Sangh, a registered society representing residents on a plot owned by the Municipal Corporatio...

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Bombay High Court Pronounced Judgment in Writ Petition No.6998 of 2021 Addressing Consent Requirements Under MOFA for Construction on Amalgamated Land. The Court Framed Issues on Informed Consent Under Section 4 and Applicability of Section 7A of the Maharashtra Ownership of Flats Act, 1963.

Background: The case involves a dispute over construction of an additional building 'E' in the 'Eves Garden' housing scheme at Mundhawa, Pune. The pet...

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Bombay High Court Partly Sets Aside Arbitral Award in Development Agreement Dispute Between Cooperative Housing Society and Developer. Court Upholds Award on Termination of Agreement and Refund of Deposit but Sets Aside Directions for Possession and Appointment of Receiver.

The judgment arises from two arbitration petitions and a notice of motion filed under Section 34 of the Arbitration and Conciliation Act, 1996, challe...

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Bombay High Court Allows Writ Petition by Co-operative Housing Society Against Registrar's Order Directing Admission of Nominee as Member. Nomination Under Section 30 of Maharashtra Co-operative Societies Act, 1960 Does Not Confer Automatic Membership; Society Must Consider Application Under Its By-laws.

The petitioner, Bhagwati Bhuvan Co-operative Housing Society Limited, challenged two orders passed by the Divisional Joint Registrar (respondent no.2)...