1. The Plaintiff has sued for compliance of the statutory obligations under the Maharashtra Ownership Flats (Regulations of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA) by the Defendants. The specific statutory obligation claimed by the Plaintiff is executing the deed of conveyance in favour of the Plaintiff Society for the plot of land which came to be developed by the Defendants and under which development the Plaintiff’s building came to be constructed and the Plaintiff’s members, as the flat purchasers, came to be put in possession and occupation of the flats agreed to be purchased by them.

2. The Defendants sought to put up additional construction. They sought to consume further FSI which came to be available on the suit plot pursuant to amendment of the Development Control Regulations, 1991 (DC Rules). The Defendants sought to have the plans of the Plaintiff’s plot of land amended. The Plaintiff sought to restrain the Defendants from doing so. So far the amended plans have not been submitted and further construction has not been put up.

3. This Notice of Motion is for the mandatory injunction to comply with the statutory obligation