HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE FARHAN PARVEZ DUBASH
B.K. CORPORATION – Appellant
Versus
STATE OF MAHARASHTRA AND 9 ORS. – Respondent
JUDGMENT:
1. The present Writ Petition challenges an order dated 31st May 2017 (impugned order) passed by Respondent No. 2 / Competent Authority and Deputy Registrar of Co-operative Societies (Competent Authority) on an application for deemed conveyance preferred by Respondent No. 3 / Apeksha Co-operative Housing Society Ltd. under Section 11 of the Maharashtra Ownership of Flats Act, 1963 (MOFA), whereby deemed conveyance came to be granted in favour of Apeksha CHSL.
2. The principal challenge raised by the Petitioner who is the Promoter / Developer concerns the maintainability of a second deemed conveyance application filed by Apeksha CHSL on 3rd January 2017, pursuant to which the impugned order came to be passed. The controversy arises in the backdrop of an earlier application filed by Apeksha CHSL seeking identical reliefs, which has been rejected by the Competent Authority by a reasoned order dated 4th August 2016. By the said order, the Competent Authority held that, in view of the pendency of a civil suit instituted by Noble House CHSL, seeking conveyance in respect of land forming part of the same layout, the application was not maintainable at that stage, while granting l
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