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2023 Supreme(Bom) 651

N. J. JAMADAR
ACME Enterprises – Appellant
Versus
Deputy Registrar, Co-operative Societies – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Ashish Kamant, Senior Advocate, a/w Sandeep Bhagwat and Ms. Sarita Zarapkar
For the Respondent: Mr. Kedar Dighe, AGP, Mr. Mayur Khandeparkar, a/w Ajinkya Udane and Vinayak Pandit

JUDGMENT :

1. Rule. Rule made returnable forthwith and with the consent of the learned Counsel for the parties heard finally.

2. The petitioners take exception to an order dated 26th November, 2019, passed by the District Deputy Registrar, Cooperative Societies and the Competent Authority, granting an unilateral deemed conveyance under Section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (“the MOFA, 1963”) in respect of the premises Nilam Nagar, Building Nos.11A to 11J situated at City Survey No. 43 + 44 + 45/4A village Mulund (East), Taluka Kurla, Mumbai Suburban District, admearsuring 18,602.20 sq. mtrs. (including Layout RG area) (“the subject premises”).

3. Shorn of unnecessary details, the background facts can be stated as under:

    (a) Petitioner No.1 is a registered partnership firm. Petitioner No.2 is the partner thereof. Under a Development Agreement dated 9th June, 1979 and Consent Decree dated 14th April, 1981, petitioner No.1 firm had acquired development rights in respect of a larger property comprising of various plots admeasuring 77,823 sq. mtrs. from the erstwhile owners thereof (“the larger pr

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