Search Results for "MOFA 1963"

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Search Results for "MOFA 1963"

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High Court

Deemed Conveyance under MOFA Cannot Be Set Aside Merely on Technical Objections When Developer Fails to Execute Conveyance – Bombay High Court

24 Feb 2026

The dispute arose when a cooperative housing society sought deemed conveyance of the land and building from the developer who had failed to execute th...

High Court

Bombay High Court Allows Appeal Against Arbitral Award in Construction Dispute — Award Set Aside for Violation of Natural Justice and Non-Consideration of Evidence. The court held that denial of cross-examination and failure to consider electronic evidence under Section 65B of the Evidence Act, 1872, renders an arbitral award patently illegal under Section 34 of the Arbitration and Conciliation Act, 1996.

29 Apr 2016

The case involves an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, against an arbitral award passed by a sole arbitrator. The...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Cooperative Society Registration and Minister's Order — Upholds Validity of Registration Under Maharashtra Cooperative Societies Act, 1960. Petitioners lacked locus standi and alternative remedy was available, hence writ petitions not maintainable.

30 Nov -0001

The judgment pertains to two writ petitions filed by cooperative housing societies and their members challenging the registration of another cooperati...

High Court

Bombay High Court Allows Petition Challenging Conveyance Deed and Society Registration Under MOFA and MCS Act — Conveyance Deed Executed Without Consent of Allottees and Without Compliance with Section 11 of MOFA Held Void. The court held that the Competent Authority under MOFA cannot execute a conveyance deed in favour of a society that does not represent all allottees, and the registration of such society under the MCS Act without the consent of all allottees is invalid.

3 Nov 2025

The petitioner, Maki Homi Chibber, an allottee of a flat in a building constructed under the Maharashtra Ownership Flats (Regulation of the Promotion ...

High Court

Bombay High Court Dismisses Petition Challenging Competent Authority's Order Under MOFA — Upholds Validity of Conveyance Deed Executed by Society. Court holds that the Competent Authority under Section 5-A of the Maharashtra Ownership Flats Act, 1963 has jurisdiction to direct execution of conveyance even after lapse of time, and that the petitioner's challenge based on alleged lack of authority was without merit.

9 Dec 2025

The petitioner, Lokmanya Pan Bazar Association Ltd., a guarantee company registered under the Companies Act, 1956, filed a civil writ petition under A...

High Court

Bombay High Court Allows Petition Challenging Conveyance Deed and Society Registration Under MOFA and MCS Act — Conveyance Deed Executed Without Proper Authority and Society Registration Based on Defective Deed Set Aside. The court held that the Competent Authority under Section 11 of MOFA must conduct a proper inquiry before executing a conveyance, and a society registered under the MCS Act based on an invalid conveyance cannot be sustained.

3 Nov 2025

The petitioner, Maki Homi Chibber, through her constituted attorney, filed a writ petition challenging a conveyance deed dated 30.04.2019 executed by ...

High Court

Bombay High Court Upholds Specific Performance of Unregistered Agreement Under MOFA — Loan Defence Rejected. Agreement for sale under Maharashtra Ownership Flats Act, 1963 is enforceable despite non-registration.

26 Nov 2012

The plaintiffs, shop purchasers, filed a suit for specific performance of an unregistered agreement for sale dated 31.8.1991 against the defendant dev...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in MoU Dispute Over Flat Area — Petitioner's Obligation to Sell 1 Lac Sq. Ft. Upheld. Arbitrator's Plausible Interpretation of Contract Not Interfered With Under Section 34 of Arbitration and Conciliation Act, 1996.

4 Jan 2019

The Bombay High Court dismissed an arbitration petition filed by The Bombay Dyeing And Manufacturing Co. Ltd. challenging an arbitral award passed by ...

High Court

Bombay High Court Dismisses Second Appeal in Flat Purchase Dispute — Upholds Dismissal of Suit Challenging Additional Construction. Court holds that flat purchasers cannot enforce sanctioned layout plans against developer in absence of express contractual covenant or statutory obligation under Maharashtra Ownership Flats Act, 1963.

25 Jan 2019

The appellant, Shri Vitthal Laxman Patil, was a flat purchaser in a project called 'Kores Nakshatra' developed by Kores (India) Ltd. Real Estate Divis...

High Court

Bombay High Court Dismisses Challenge to MOFA Amendments and Upholds Conveyance Order — Amendments to Maharashtra Ownership of Flats Act, 1963 by Act No.4 of 2008 are intra vires and Competent Authority's order directing conveyance is valid as promoter failed to execute conveyance within statutory period.

17 Oct 2013

The petitioner, M/s. Shree Siddharth Construction, a partnership firm, challenged the constitutional validity of amendments made to the Maharashtra Ow...

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