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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
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 rights in respect of the said land to Saga.
2. Saga has pre-sold several flats in the project even before fulfilling its obligations under the Development Agreement executed with the Police Society. The Police Society has thereafter terminated the Development Agreement with Saga for non-compliance with the terms and conditions. Consequently, the third-party purchasers of flats in the project have filed the present suit against Saga and the Police Society.
3. By this Notice of Motion, the Plaintiffs seek appointment of the Court Receiver, High Court, Bombay, as Receiver of the suit property, with a direction to appoint the Plaintiffs as agents without payment of compensation or
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.
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....
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 ....
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