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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Sandeep V.Marne
Ambit Life Style Homes LLP – Appellant
Versus
Parekh Market Premises Co-operative Ltd. – Respondent
Sandeep V. Marne, J.
1) This is an Interim Application filed by the Plaintiff seeking temporary injunction in a Suit filed for enforcement of a registered Development Agreement dated 11 November 2022 executed in its favour by Defendant No.1-Society for redevelopment of property known as ‘Parekh Market’ situated at M.G. Road, Ghatkopar (East), Mumbai. Plaintiff has encountered a situation where, though 70 out of 88 occupants have already vacated and surrendered possession of their respective premises and 3 out of 5 building are already pulled down, Defendant Nos. 2 to 16 have refused to vacate and handover possession of their respective premises. By way of temporary injunction, Plaintiffs are seeking direction against Defendant Nos.2 to 16 to vacate possession of their respective premises and for appointment of Court Receiver in respect of those premises.
2) Brief facts leading to filing of the case are that by an Indenture of Conveyance dated 8 February 1979, Kanji Khatau Trust (Trust) conveyed the suit land and the structure standing therein to M/s. Shri Padmanabh Builders (Padmanabh). One building constructed by the Trust of ground plus one floor comprising of 9 shops on
Court ruled that temporary injunctions can enforce development agreements even against minority occupants obstructing redevelopment, especially when prior claims against obstruction were dismissed on....
The decision upheld the majority members' right to redevelopment and emphasized the readiness for arbitration, allowing the Court to exercise jurisdiction under Section 9 of the Arbitration and Conci....
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....
In joint development agreements involving multiple landowners as shareholders, individual landowners cannot unilaterally withdraw from the agreement without jeopardizing the entire project, and the c....
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....
The main legal point established in the judgment is the Court's exercise of plenary jurisdiction under Article 142 of the Constitution of India to give quietus to the pending disputes and provide dir....
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