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2014 Supreme(Bom) 1944

R.M.SAVANT
Farhat Co-op. Housing Society Ltd. – Appellant
Versus
Malkani Enterprises – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Ravi Kadam, Senior Advocate, Jyoti Sinha i/b. Negandhi Shah,Himaytullah, Milind Sathe, Senior Advocate and Sanjeev R. Singh
For Respondents/Defendant:Ravi Kadam, Senior Advocate, Jyoti Sinha i/b. Negandhi Shah,Himaytullah, A.Y. Sakhare, Senior Advocate, Bhavin Bhatia and A.I. Patel AGP

JUDGMENT

R.M. Savant, J.

1. Rule, in both the Petitions, with the consent of the learned Counsel appearing for the parties, made returnable forthwith and heard.

2. The above Writ Petitions, which are cross Writ Petitions, filed under Articles 226 and 227 of the Constitution of India, take exception to the order dated 6th May, 2013 passed by the Competent Authority and District Deputy Registrar, Co-operative Societies (3), Mumbai, by which order, the application filed by the Petitioner in Writ Petition No. 9116 of 2013 for deemed conveyance under Section 11(3) of the Maharashtra Ownership of Flats (Regulation of the Promotions of Construction, Sale, Management and Transfer) Act, 1963 (hereinafter referred to as "the MOFA"), came to be allowed and resultantly, the unilateral deemed conveyance/assignment of right, title and interest of the developers in respect of the land being Plot No. B CTS No. 68/B, Mauje Bandivali, Taluka Andheri, Mumbai Suburban District, admeasuring 3380.50 square meters, came to be granted, however the said deemed conveyance was made subject to the final decision in T. E. & R. Suit No. 4/4 of 2013 filed by the Respondent Nos. 3 to 11 in the said Writ Petition No.




























































































































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