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Bombay High Court Upholds Specific Performance of Development Agreement in Favor of Purchasers. Agreement for Development Treated as Agreement for Sale Under Specific Relief Act, 1963 as Essential Terms Constitute Sale of Immovable Property.

The appellants, original defendants, were the owners of a property in Pune. They executed a development agreement dated 18th October 2007 in favor of ...

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Bombay High Court Allows Developer's Writ Petition for TDR Against Construction of Development Plan Road. Municipal Corporation's Rejection of TDR Application Set Aside as Unreasonable and Contrary to Development Control Regulations.

The petitioner, M/s. Siddhi Real Estate Developers, a partnership firm, constructed a development plan road at its own cost within the limits of Thane...

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Bombay High Court Dismisses Petition Challenging Rejection of Notice of Motion for Contempt in Property Dispute. Consent order allowing repairs and maintenance did not prohibit fixing of tiles on terrace, and society's actions were not in breach of the order.

The petitioner, M/s. Chetan Associates, a partnership firm, filed a suit against the respondent, Abhilasha Co-op. Hsg. Soc. Ltd., seeking injunctive r...

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Bombay High Court Dismisses Builder's Suit for Specific Performance and Damages in Construction Contract Dispute. Termination of Agreement Upheld as Another Contractor Completed the Buildings, Making Specific Performance Impossible.

The plaintiff, M/s. Gurudev Developers, a partnership firm, filed a suit against the defendant, Kurla Konkan Niwas CHS Ltd., seeking specific performa...

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Bombay High Court Dismisses Appeal Against Single Judge Order in Suit for Specific Performance and Injunction — Court Receiver Directed to Hand Over Possession to Plaintiff. Held that the Court Receiver's appointment was proper and the appeal lacked merit.

The appellants, who are partners of Crescent Builders, filed an appeal against an order of the learned Single Judge in Suit No.1512 of 2009. The Singl...

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Bombay High Court Dismisses Petition Challenging Municipal Commissioner's Order on Building Proposal Validity — Held That Commissioner's Decision Under Section 351 of the Mumbai Municipal Corporation Act, 1888 Is Final and Not Subject to Judicial Review on Merits.

The petitioner, M/s Mahendra Builders, a partnership firm, filed a writ petition under Article 226 of the Constitution of India challenging an order d...

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High Court of Bombay at Goa Allows Appeal Under Section 37 of Arbitration Act, Setting Aside Order Refusing Territorial Jurisdiction Under Section 9. Court Holds That Part of Cause of Action Arising in Goa Confers Jurisdiction on Goa Courts.

The appellants, M/s. Nivaran Solutions and its partners, filed an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against an or...