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2025 Supreme(Bom) 688

HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE SANDEEP V. MARNE
New Sonal Industrial Premises Limited – Appellant
Versus
District Deputy Registrar (2) Co-Op. Housing Societies – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Pradeep Thorat with Mr. Aniesh Jadhav i/by. Mr. Pushparaj Singh
For the Respondent:Mr. Faran Khan with Mr. P. Shah, Ms. Smita Durve, Ms. Yukta Palve i/by. Mr. Arshil Shah, for Respondent No.2. Ms. A.A. Nadkarni, for Respondent-State

JUDGMENT :

[SANDEEP V. MARNE, J.]

1) The petition challenges the order dated 24 August 2023 passed by the Competent Authority and District Deputy Registrar granting unilateral deemed conveyance of land admeasuring 3832.30 sq. mtrs. in favour of the Petitioner-Society. The certificate of unilateral deemed conveyance is challenged to the extent that he does not convey the entire land admeasuring 8647.80 sq. mtrs in favour of the Petitioner-Society.

2) Briefly stated, facts of the case are that Respondent No.2- M/s. Nandu Builders, a partnership firm secured lease of land admeasuring 8647.80 sq. mtrs vide Indenture dated 22 September 1972 from lessor-Vrajlal Damodar Mehta. Respondent No.2-Promoter proposed to construct 30 industrial units as per plans, designs and specifications on the said leased land for sale on ownership basis to purchasers. Accordingly, Respondent No.2 entered into Agreements for Sale with various unit purchasers. In the said Agreements, Respondent No.2 agreed to execute assignment of lease of the land in favour of the Co-operative Society formed by the unit purchasers. It appears that the unit purchasers formed and registered the Petitioner-Society on 19 January 197

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