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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KAMAL KHATA
Leena Gupta & Mr. Raja Gupta – Appellant
Versus
Saga Infra Projects Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. description of the project and parties involved. (Para 1 , 2) |
| 2. plaintiffs' requests for receiver appointment and orders against defendants. (Para 3 , 4 , 5) |
| 3. dev. agreement and actions taken by saga. (Para 6 , 7 , 8 , 9) |
| 4. police society's defense against privity of contract claims. (Para 10 , 11) |
| 5. comparison of contractual rights and obligations under various clauses. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 6. court's determination on contract rights and defenses. (Para 22 , 23 , 24 , 25 , 26) |
| 7. analysis of cited case law and its relevance. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 8. final orders from the court. (Para 35 , 36 , 37) |
JUDGMENT :
KAMAL KHATA, J.
1. The present suit pertains to a development project at village Bhandup, Taluka Kurla in the suburban district of Mumbai. The Plaintiffs claim to be purchasers of flats in the project known as ‘Arihant’ developed by Saga Infra Projects Pvt. Ltd. (Defendant No.1) (‘Saga’). The project land belongs to Shree Gurudatta Police Co- operative Housing Society Ltd., (Defendant No.15) (‘Police Society’). Under the Development Agreement dated 10th April 2008 the Police Society granted development righ
The absence of a direct contractual relationship prohibits third-party purchasers from claiming specific performance against the society post-termination of the development agreement.
Third-party purchasers cannot enforce rights against a society after the termination of the developer's agreement; their remedies lie solely with the developer.
(1) Home buyer cannot be made to wait for possession of flat for indefinite period.(2) Arbitration and Conciliation Act, 1996 do not exclude jurisdiction of consumer forum.
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....
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