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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
| Table of Content |
|---|
| 1. factual background on redevelopment disputes (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. plaintiff's request for temporary injunction outlined (Para 7 , 8) |
| 3. arguments by defendants against the temporary injunction (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. court's analysis of the redevelopment situation (Para 15 , 16 , 17 , 18) |
| 5. court's findings on the objections raised by defendants (Para 19 , 20 , 21 , 22 , 23) |
| 6. final ruling on temporary injunction and discussions of legal principles (Para 24 , 25 , 26 , 27 , 28) |
| 7. conclusion and order granting temporary injunction (Para 32 , 33 , 34) |
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 vac
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....
In redevelopment disputes under Arbitration Act Section 9, society members' right to safe housing from dilapidated buildings prevails over developer's profit rights where developer caused 13-year del....
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....
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