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2021 Supreme(Bom) 972

M.S.KARNIK
Gera Development Pvt. ltd – Appellant
Versus
Geras Greensville Trinity Towers Co-op. Hsg. Society Ltd – Respondent


Advocates appeared:
Dorman J.Dalal, Advocate, P.K.Dhakephalkar, Advocate, Rohan Surve, Advocate, S.D.Rayrikar, Advocate

JUDGMENT

1. Heard learned Counsel for the Petitioners. The order under challenge in this Petition is an order granting deemed conveyance in favour of Respondent No.1 - Society under the provisions of Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act 1963 (for short 'MOFA'). It is the contention of the learned Counsel for the Petitioners that deemed conveyance has been granted contrary to the agreement entered into with the fat purchasers. One such agreement dated 15/02/2014 is at page 365 of the paperbook. He relied upon clause 12.1 of the agreement which reads thus :

"12.1 After the development of the Entire Land is completed and after the said Ultimate/Apex Body is formed and registered and after all the different premises in the said building/s have been sold and disposed-of by the Developer and after the Developer has received all dues payable by the allottees of different/various premises in the said building/s to the Developer, the final Transfer Deeds of the said land and/or other lands and the building/s constructed thereon shall be executed within 9 months thereafter by the Developer, the Consenting Party and the Co

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