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2010 Supreme(SC) 801

A.K.PATNAIK, R.M.LODHA
Nahalchand Laloochand Pvt. Ltd. – Appellant
Versus
Panchali Co-operative Housing Society Ltd. – Respondent


Advocates appeared:
For the Appearing Parties:Pravin K. Samdani, Neeraj Kumar Jain, Senior Advocates, Tanmay Mehta, Kush Chaturvedi (for Vikas Mehta), Mahesh Agarwal, E.C. Agrawala, Rahul Dwarkadas, Gaurav Goel, Ms. Neha Aggarwal, Ms. Deepti, Ms. Pragya, Gaurav Aggarwal (for Mrs. Manik Karanjawala), Umesh Shetty, Nitin Bhardwaj, Pratham Kant, J.N. Solanki, Umang Shankar, Buddy A. Ranganadhan, A.V. Rangam, Praveen Chaturvedi, Ms. Aparna Jha, Advocates.

Judgement Key Points

No, the provided legal document does not reference or contain any subsequent judgments similar to the core issues addressed, such as the definition of 'flat' under Section 2(a-1) of MOFA, the status of stilt or open parking spaces as garages, or their classification as common areas and facilities. (!) (!) (!) (!) (!) (!) (!) (!) (!) The document itself is a 2010 Supreme Court decision analyzing promoter rights, parking spaces, and MOFA provisions, with references only to prior decisions or statutes like the Constitution, MOFA, MAOA, DCR, and TP Act. (!) (!) (!) (!) (!) (!) (!) No later case law is cited or discussed within it. (!) [1000488010040]


Judgment :-

R.M. Lodha, J.

Of these seven appeals which arise from the judgment dated April 25, 2008 passed by the High Court of Judicature at Bombay (Appellate Jurisdiction), five are at the instance of the original plaintiff and the other two are by the parties, who were not parties to the proceedings before the High Court or the trial court but they are aggrieved by the findings recorded by the High Court as they claim that these findings are affecting their rights.

The facts:

2. Few important questions of law arise in this group of appeals. It will be convenient to formulate the questions after we set out the material facts and the contentions of the parties. The narration of brief facts from S.C. Suit No. 1767 of 2004 will suffice for consideration of these appeals. Nahalchand Laloochand Private Limited is a Private Limited Company. As a promoter, it developd few properties in Anand Nagar, Dahisar (East), Mumbai and entered into agreements for sale of flats with flat purchasers. The flat purchasers are members of Panchali Co-operative Housing Society Ltd. (for short, `the Society'). The promoter filed a suit before the Bombay City Civil Court, Bombay for permanent injunction re





































































































































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