Search Results for "promoter failure"

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Search Results for "promoter failure"

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High Court

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.

18 Jun 2026

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

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 Writ Petition Challenging Co-operative Court Order in Tenancy Dispute — Interim Relief Granted to Protect Possession Pending Final Hearing. Co-operative Court's refusal to grant interim injunction set aside as petitioner established prima facie case and balance of convenience under Section 91 of Maharashtra Co-operative Societies Act, 1960.

9 Oct 2025

The petitioner, Deshmukh Enterprises, a partnership firm, filed a writ petition challenging an order of the Co-operative Court which refused to grant ...

High Court

Bombay High Court Quashes Freezing of Demat Accounts of Promoter for Non-Compliant Company Under SEBI Circulars — Violation of Natural Justice and Proportionality. Freezing of all securities held by a promoter in a non-compliant company, including unrelated investments, without notice or hearing is arbitrary and illegal under Article 14, 21, and 300A of the Constitution.

26 Aug 2024

The Bombay High Court allowed two writ petitions filed by Dr. Pradeep Mehta and his son Neil Pradeep Mehta challenging the freezing of their demat acc...

High Court

Bombay High Court Allows Challenge to Unilateral Deemed Conveyance Certificate Under MOFA Section 11 — Competent Authority Cannot Incorporate Third-Party Rights Created by Documents Other Than Section 4 Agreement. Court Directs Removal of Such References from Certificate While Relegating Parties to Civil Suit.

8 Mar 2024

The Petitioner, Riddhi Gardens Building No. A1, A2 Co-operative Housing Society Limited, challenged a certificate of unilateral deemed conveyance issu...

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 Partially Allows Promoter's Appeal in RERA Interest Dispute — Interest on Delayed Possession to Run from 1 July 2016, Not 1 January 2020, But COVID Period Excluded from Interest Liability. The court held that the promoter is liable to pay interest from the date of default as per the agreement, but the COVID-19 pandemic period is excluded from interest liability.

23 Jan 2024

The case involves two appeals filed by M/s. Pragatej Builders And Developers Pvt. Ltd. (the promoter) against a common judgment and order dated 7 Febr...

High Court

Bombay High Court Partly Allows Promoter's Appeal in RERA Interest Case. Appellate Tribunal's Suo Motu Adjudication on Termination of Agreement Set Aside as Without Jurisdiction.

25 Aug 2023

The case involves an appeal under Section 58 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act) filed by Satyam Developers, the prom...

Supreme Court

Supreme Court Dismisses Promoter's Appeal in Real Estate Regulation Case, Upholding Authority's Jurisdiction and Pre-deposit Condition. The court affirmed that a single member of the Real Estate Regulatory Authority has jurisdiction to order refunds under Section 18 of the Real Estate (Regulation and Development) Act 2016, and the pre-deposit requirement under Section 43(5) is valid for statutory appeals.

11 Nov 2021

The dispute arose from appeals filed by promoters and real estate developers against orders of the High Court of Allahabad, which had dismissed their ...

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...

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