Search Results for "Promoter Developer"

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Search Results for "Promoter Developer"

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High Court

Bombay High Court Reconsiders Promoter's Right to Additional Construction Under MOFA After Supreme Court Remand. Dispute Centers on Whether Section 7A Overrides Flat Purchasers' Consent Requirement for Additional Wings in an Existing Scheme.

7 Oct 2010

The Bombay High Court heard two first appeals remanded by the Supreme Court in a dispute between Madhuvihar Cooperative Housing Society (the society) ...

High Court

Bombay High Court Upholds Deemed Conveyance Under MOFA Despite Pending Civil Suit — Statutory Right to Conveyance Independent of Contractual Disputes. The Competent Authority's grant of deemed conveyance under Section 11 of the Maharashtra Ownership Flats Act, 1963 was upheld as the statutory right operates independently of a pending civil suit for specific performance and damages.

7 Feb 2025

The petitioner, Swastik Promoters and Developers, challenged an order dated 26th July 2021 passed by the Competent Authority (District Deputy Registra...

Supreme Court

Supreme Court Allows Appeal and Restores Developer as Party in Consumer Complaint Under RERA — Deletion Order Set Aside Due to Prima Facie Connection with Project. The Court held that the definition of 'promoter' under Section 2(zk) of the Real Estate (Regulation and Development) Act, 2016 includes both the entity constructing and the entity selling apartments, and deletion at preliminary stage is not warranted if there is prima facie material showing connection.

25 Mar 2019

The Supreme Court allowed the appeal filed by the Association for Consumer Welfare and Aid against the order of the National Consumer Disputes Redress...

High Court

Bombay High Court Partially Allows Appeal in RERA Refund Dispute — Joint Developer Not Liable for Refund of Amounts Not Received. The court held that under Sections 12 and 18 of RERA, only a promoter who has received payment can be directed to refund, and joint and several liability cannot be imposed without statutory basis.

26 Feb 2024

The case involves a dispute under the Real Estate (Regulation and Development) Act, 2016 (RERA) regarding the refund of amounts paid by an allottee to...

High Court

Bombay High Court Considered Promoter's Second Appeals Against Maharashtra Real Estate Appellate Tribunal Orders on Interest Compensation and Dismissal Under RERA Pre-Deposit. The Court examined whether delays attributed to no objection certificates and occupation certificates can be blamed on the promoter, whether allottees' approval of possession date extension waives interest, and whether interest can be retrospective under Section 4(2)(c) read with Rule 4 of the Real Estate (Regulation and Development) Act, 2016.

10 Jul 2023

The matter concerned multiple second appeals filed by M/s Man Global Ltd. Mumbai, a real estate promoter, before the High Court of Judicature at Bomba...

High Court

Bombay High Court Hears Appeal from Order Challenging Injunction Against Builder's Construction on Redeveloped Plot. Consent of Flat Purchasers and Right to Use Additional FSI Questioned.

14 Jan 2010

The matter arose from a civil suit filed by forty-three flat purchasers against the promoter/builder, M/s. Noopur Developers, seeking a permanent inju...

High Court

Bombay High Court Dismisses Promoter's Appeal in RERA Case — Force Majeure Clause Cannot Override Statutory Right to Interest Under Section 18 of RERA Act. Promoter Liable to Pay Interest for Delayed Possession Even if Delay Due to Events Beyond Control.

25 Aug 2023

The case involves an appeal filed by Sanvo Resorts Pvt. Ltd. & Ors. (the promoter/developer) under Section 58 of the Real Estate (Regulation and Devel...

High Court

Bombay High Court Reviews Challenges to Slum Rehabilitation Orders Under Maharashtra Slum Areas (Improvement, Clearance and Rehabilitation) Act, 1971 — Dispute Over Competing Developer Appointments and Scheme Cancellation. The court examined legality of High Power Committee order setting aside Slum Rehabilitation Authority appointment and SRA letter cancelling scheme, involving multiple slum dweller societies and developers.

20 Oct 2021

The judgment under consideration is a consolidated order of the Bombay High Court dealing with a group of writ petitions and contempt petitions arisin...

High Court

Bombay High Court Dismisses Developer's Challenge to Termination of Slum Rehabilitation Scheme Appointment — Upholds SRA's Power to Terminate Developer for Delay and Loss of Faith of Slum Dwellers. The court held that the CEO, SRA, validly exercised power under Section 32 of the Maharashtra Slums Act, 1971, and the termination was justified as the delay was attributable to the developer and the majority of slum dwellers had lost faith.

10 May 2024

The petitioner, a developer, challenged the termination of his appointment to implement a Slum Rehabilitation Scheme (SR Scheme) on a property owned b...

High Court

Bombay High Court Restrains Developers from Constructing Additional Buildings in Multi-Building Scheme Without Flat Owners' Consent Under MOFA. Disclosure of Potential Additional Construction Held Insufficient Where Specific Representations Were Made About FSI Utilisation and Layout.

22 Jan 2015

The dispute centered on a 230-acre development known as the Powai Area Development Scheme (PADS), in which several cooperative housing societies of co...

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