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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.

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

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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.

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...

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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.

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...

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Bombay High Court Allows Promoter's Appeal in RERA Case, Holding That Acceptance of Delayed Possession Without Protest Does Not Waive Right to Interest Under Section 18 of RERA. Statutory Right to Interest Under RERA Cannot Be Waived by Mere Acceptance of Possession Without a Clear Agreement.

The case involves a Second Appeal filed by CCI Projects Private Limited (the promoter) against an order of the Maharashtra Real Estate Appellate Tribu...