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2015 Supreme(Bom) 498

ANOOP V.MOHTA
Ganga Bhaskar Builders – Appellant
Versus
Competent Authority and the District Deputy Registrar – Respondent


Advocate Appeared
For the Petitioners:Siddharth R. Ronghe, Advocate.
For the Respondents:R1, A.R. Metkari, AGP, R2, A.M. Kulkarni a/w A.P. Shinde, Advocates.

Judgment

1. Petitioner No.1-the firm-the builder/promoter, in the Application for deemed conveyance filed by the Society (Respondent No.2), before the Competent Authority and the District Deputy Registrar (Respondent No.1), under Section 11(3) of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, management, Transfer) Act, 1963 (for short, “the MOFA Act”), have challenged impugned order dated 5 May 2014 and also the consequential certificate. The Petitioners have also prayed for rehearing of the proceedings to the extent of balance FSI admeasuring 161.57 sq. mtrs. (the property) in the land bearing survey No. 253(Pt), Hissa No. 9/2, 15 to 18, 19/2, 20/2, 22/2, 23, 24, 25, 26/2, 27 to 30, situated at Village Virar, Tal. Vasai, Dist. Thane.

2. Most of the members, about 14 in numbers, entered into an agreement to sale in respect of the property in favour of Petitioner No.1 (the firm) in which Parag Jagnnath Choudhary is a partner. The other Petitioners executed a Power of Attorney in favour of Petitioner No.1. On 26 November 2001, Petitioner No.1 agreed to sell flat bearing No. 16 on the 4th Floor admeasuring 510 sq. ft. to one Rajendra Dattaram Rane.

































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