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D. K. UPADHYAYA, ARIF S. DOCTOR
Bhavsar Construction Co. Pvt. Ltd. – Appellant
Versus
Oyster Shipmanagement Private Limited – Respondent
JUDGMENT
Arif S. Doctor, J. - The present Appeal impugns an order dated 22nd February 2024, by which the Learned Judge has disposed of the captioned Suit, i.e., Suit No.134 of 2009 ('the said Suit') in terms of Consent Terms dated 13th February 2024 ('the said Consent Terms'), entered into between Respondent Nos.1 to 35 on the one hand and Respondent Nos.40 to 44 on the other hand. Respondent Nos.1 to 35 are the Plaintiffs in the said Suit and are hereinafter referred to as the Respondent/Plaintiffs and Respondent Nos.40 to 44 who are Defendant Nos.8 to 11 to the said Suit and are hereinafter referred to as the Respondent/Developers. The Appellants are Defendant Nos.1 to 3 to the captioned Suit.
2. The said Suit has been filed by Respondent/Plaintiffs inter alia seeking a declaration that they are the purchasers of certain units in a proposed commercial building complex known as 'Sharda Complex', to be built on land bearing Survey No.41-part (1)(B), CTS No.444, 444/1, 444/2 and 445 situated at Swami Vivekanand Road, Village Oshiwara, Jogeshwari, Mumbai 400 102 ('the said plot'). The Respondent/Plaintiffs have based their claim inter alia on certain Letters of Allotment ('LOAs') issue
Mere Letters of Allotment do not confer ownership rights under the Maharashtra Ownership of Flats Act, 1963, and parties may compromise their claims in a Suit without the consent of non-signatory par....
Under Order XXIII Rule 1 of the Code of Civil Procedure, a Plaintiff can abandon the suit or part of the claim against selected Defendants, and the Court can accept a compromise if it is lawful. The ....
The Competent Authority cannot override binding Consent Decrees, and deemed conveyance granted in violation of such decrees is unsustainable.
The court upheld the Developer's right to amend construction plans under the Maharashtra Ownership Flats Act, emphasizing the need to consider balance of convenience and irreparable injury in grantin....
Consent Terms cannot be unilaterally modified by the court at the instance of a non-party, as it undermines the legal rights of the parties involved.
A consent judgment is a contract binding only on the parties thereto and cannot bind a third party who enters a transaction based on a clear land register without actual or constructive notice of suc....
Third-party purchasers cannot enforce rights against a society after the termination of the developer's agreement; their remedies lie solely with the developer.
Deemed conveyance must only cover completed areas of a property, reserving rights of the developer for ongoing and future construction under applicable law.
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