Search Results for "Non-cooperative members"

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Search Results for "Non-cooperative members"

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High Court

High Court of Judicature at Bombay Dismisses Letters Patent Appeal of Society Members in Cooperative Redevelopment Dispute. Refusal of Interim Relief by Cooperative Court Not Perverse; Summary Eviction Order Under Section 95A of Maharashtra Housing and Area Development Act, 1976 Upheld After Compliance With Natural Justice.

8 Aug 2011

The appellants, eight members of Goregaon Unnati Cooperative Housing Society, residing in chawls numbered 19, 20, 21 and 24, filed a dispute before th...

High Court

Bombay High Court Dismisses Developer's Petition for Interim Relief Under Section 9 of Arbitration Act — Dispute Over Possession of Flats for Redevelopment Not Arbitrable as Members Not Bound by Development Agreement. The court held that interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, cannot be granted against persons who are not parties to the arbitration agreement, and the members of the society were not bound by the arbitration clause in the development agreement.

8 May 2015

The petitioner, Shri Krishan Sai Development Corporation, filed an Arbitration Petition under Section 9 of the Arbitration and Conciliation Act, 1996,...

High Court

Bombay High Court Hears Writ Petition Challenging Eviction Order Under Section 95A of Maharashtra Housing and Area Development Act, 1976 in Cooperative Society Redevelopment Scheme. Petitioners, Tenement Owners, Opposed Redevelopment by Developer Appointed by Majority of Society Members and Sought Quashing of Eviction Order and Declaration that Scheme Is Illegal.

24 Apr 2012

The petitioners, eight members and owners of tenements in Chitranjan Nagar Vidya Cooperative Housing Society Limited, Rajawadi, Ghatkopar (East), Mumb...

High Court

Bombay High Court Dismisses Developer's Interim Application in Development Agreement Dispute — Prima Facie Case Not Made Out as Agreement Was Terminated for Non-Performance. Specific Performance Claim Requires Trial; No Irreparable Loss Shown.

19 Nov 2012

The Plaintiffs, Shantilal J. Shah and others, filed a suit seeking a declaration that a Development Agreement dated 25th September 2007 and an Irrevoc...

High Court

Bombay High Court Allows Impleadment of Subsequent Purchaser in Suit for Specific Performance — Transfer of Property Act, 1882 Section 52 Does Not Bar Transfer Pendente Lite, But Purchaser Must Be Heard Before Final Decree. The court held that a subsequent purchaser of suit property is a necessary and proper party under Order 1 Rule 10 CPC, and amendment of plaint under Order 6 Rule 17 CPC to incorporate subsequent events should be allowed.

9 Oct 2014

The appeal arises from a suit for specific performance of an agreement to sell a property. The original plaintiffs (appellants) filed Suit No.1241 of ...

High Court

Bombay High Court Upholds Eviction Order Under Section 95A of MHADA Act Against Non-Cooperative Members. Court Rules Mumbai Housing and Area Development Board Has Jurisdiction to Invoke Section 95A Under DCR 33(5) for Redevelopment of MHADA Layouts.

4 Feb 2010

The writ petition challenged an order of summary eviction under Section 95A of the Maharashtra Housing and Area Development Act, 1976, directed agains...

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