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2025 Supreme(Online)(Bom) 1763

HIGH COURT OF BOMBAY
AMIT BORKAR, J
NEELKANTH HEIGHTS COOPERATIVE HOUSING SOC AND ORS – Appellant
Versus
ABHINAV REAL ESTATE PVT LTD – Respondent


Advocates:
Mr. Akshay Patil with Ms. Devika Madekar i/by Mr. Kalpesh Patil for the petitioners. Mr. Ashish Kamat, Senior Advocate with Mr. Saket Mone, Mr. Shrey Shah and Mr. Bhupen Garud i/by Vidhii Partners for respondent No.1. Mr. Mandar Limaye for respondent No.2-TMC. Mr. Anil V. Anturkar, Senior Advocate with Kashish Chelani i/by Mr. Vinayak Patil and Swatantri Waghmare for respondent No.3. Ms. Neha Bhide, Government Pleader with S.A. Prabhune, AGP for respondent No.7-State.

JUDGMENT.:

1. The petitioners have invoked the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, challenging the legality, correctness, and propriety of the Judgment and Order dated 15th October 2024 passed by the Competent Authority, i.e., respondent No.6, in Application No.419 of 2024, filed under Section 11(3) of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 , commonly referred to as the MOFA Act. By the said order, the Competent Authority has rejected the application filed by the petitioners, who sought issuance of a certificate of unilateral deemed conveyance in relation to the property bearing Survey No.194/1B, situated at Village Maziwada, Pokharan Road No.3, Thane.

2. The petitioner is an Association of Cooperative Housing Societies, registered under the Maharashtra Cooperative Societies Act, 1960 , on 1st April 2022, and comprises three individual housing societies whose members are purchasers of flats constructed on the said property. Respondent No.1 is the promoter as defined under Section 2(c) of the MOFA Act. Respondent Nos.3 to 5 are the recorded owners of the

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