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2024 Supreme(Bom) 299

AMIT BORKAR
Jai Jalaram Co-operative Housing Society Ltd. – Appellant
Versus
Nanji Khimji & Co. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Rajesh S. Datar
For the Respondent:Mr. R.S. Apte, Sr. Advocate i/by Mr. Mandar Limaye, Mrs. V. S. Nimbalkar, AGP.

JUDGMENT :

1. Rule. Rule is made returnable forthwith.

2. The petitioner takes explain to an order dated 3 April 2017 passed by respondent No.4 rejecting unilateral deemed conveyance under Section 11 of Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 ("MOFA ACT") in respect of plot of land bearing Tika No.5, C.T.S. Nos.48, 49, 50 and 51 ad-measuring about 2785.12 square meters, situated at Tukaram Mahadik Road, Kharkar Ali, Thane (West).

3. The facts relevant to the adjudication of the issue involved are as under:

The petitioner is a Cooperative Housing Society registered under the provisions of the Maharashtra Cooperative Societies Act, 1960. The petitioner/society is in possession of the plot of land described above. The land consists of building 'A' comprising of ground + 8 floors containing 32 residential flats/units and 6 offices. Building 'B' consists of ground + 2 floors, having 12 flats/ units and bungalows Nos.1 & 2. Respondent Nos.1 & 2 entered into an agreement to sell with purchasers as per Section 4 of MOFA Act. However, failed to execute conveyance in favour of the petitioner/society within the agreed/deci

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