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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ALOK ARADHE, M.S. KARNIK
Kher Nagar Sai Prasad – Appellant
Versus
Pittie Antariksh GRL Pvt. Ltd. – Respondent
JUDGMENT :
M.S. KARNIK, J.
1. The challenge in this Commercial Appeal under Section 13 of the Commercial Courts Act is to the judgment and order dated 1st February 2024 passed by the learned Single Judge of this Court in the Interim Application seeking reliefs in terms of prayer clauses (a) and (b) during the pendency of the Commercial Suit filed by the Respondent/original plaintiff – Pittie Antariksh GRL Pvt. Ltd. (‘the developer’ for short). By the impugned order, the learned Single Judge made the Interim Application absolute in terms of prayer clauses (a)and (b) which read thus:-
“(a) This Hon'ble Court be pleased to pass an interim and temporary injunction against the defendant restraining the defendant, its members, representatives, nominees, and assigns/or from entering into any agreement, appointing another developer for redevelopment of the defendant's building and/or creating any third party rights in respect of the Suit property.
(b) This Hon'ble Court be pleased to stay effect and implementation of the defendant's letter dated 24th May 2023 and restrain the defendant and its members from acting in furtherance of the said letter dated 24th May 2023.”
2. In the Suit, the Respon
A formal development agreement is essential for a binding contract; ongoing negotiations do not constitute a concluded contract.
The main legal point established in the judgment is that the formal Development Agreement (DA) is an essential condition of the contract, and without it, there is no concluded contract and no enforce....
The execution of a Development Agreement is essential for binding contractual rights, and compliance with timelines specified in earlier agreements is necessary for specific performance claims under ....
Individual members of a co-operative society are bound by the covenants of a development agreement, and disputes regarding their entitlements cannot obstruct interim measures under Section 9 of the A....
The majority decision of the society members prevailed, and the objections raised by the plaintiffs were found to be unfounded and technical. The court emphasized the importance of carrying out the r....
Non-cooperative members of a co-operative society are bound by redevelopment decisions made by the majority, and courts can exercise powers under Section 9 to direct them to vacate premises for redev....
Third-party purchasers cannot enforce rights against a society after the termination of the developer's agreement; their remedies lie solely with the developer.
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