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Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963

42 judgments · newest first · showing 1–42

M/S SHETHIA ASSOCIATES AND ANR.versusTHE STATE OF MAHARASHTRA AND ANR.

Allowed

The petitioners, Shethia Associates and Ashok Savani, filed a writ under Article 227 of the Constitution and Section 482 of the CrPC (now Section 528 of the Bharatiya Nagarik Suraksha Sanhita) seeking to quash a criminal process issued under Section 418 of the IPC against them in a redevelopment …

NEELKANTH WOODS VILLA OWNERS CO OP HSG SOCversusTHE STATE OF MAHARASHTRA AND ORS

Disposed Off

The petitioner, Neelkanth Woods Villa Owners Co-operative Housing Society, filed a writ petition challenging the District Deputy Registrar's order rejecting its registration under Section 10 of the Maharashtra Ownership Flats Act (MOFA). The Registrar had relied on a contractual clause in consent …

M/S. NEW TURAKHIA PARK CHS LTD.versusM/S TURAKHIA ASSOCIATES AND ORS.

Disposed Off

The Bombay High Court examined the petition of New Turakhia Park CHS Ltd., which challenged the Deputy Registrar’s order rejecting its application for a certificate of deemed conveyance. The court held that the grounds cited—developer’s alleged entitlement to further construction, the presence of …

HITANSHU BHIMSEN BAGGAversusSTATE OF MAHARASHTRA AND ANR

Disposed Off

The applicant, Hitanshu Bhimsen Bagga, sought quashing of FIR No.354/2021 filed for cheating under IPC 420 r/w 34 and Sections 4 and 5 of the Maharashtra Ownership Flats Act, 1963. The parties had entered into a settlement MOU dated 18 January 2022, wherein the complainant received the full amount …

Rohini Gupta AND ANRversusDistrict Deputy registrar Coperative Societies AND ORS

Disposed Off

The petitioners, heirs of a 1975 leaseholder, challenged a 23 June 2025 order of the District Deputy Registrar that issued a certificate of unilateral deemed conveyance of 3,901.70 sq.m. of land to Respondent No.3 Society under the Maharashtra Ownership Flats Act (MOFA). The core issue was whether …

LAXMI ESTATE CO-OP. HSG. SOC. LIMITEDversusWALLACE FLOUR MILLS COMPANY LIMITED

Disposed Off

The cooperative housing societies filed a suit seeking joint ownership and conveyance of recreation grounds and an internal access road, claiming rights under the Maharashtra Ownership Flats Act, 1963. The defendants, including Wallace Flour Mills Ltd. and two charitable trusts, moved to dismiss the …

LAXMI ESTATES CO-OP. HSG. SOC. LTD.versusLAXMI CHARITABLE TRUST AND ORS.

Disposed Off

The cooperative housing societies filed a suit seeking joint ownership and conveyance of recreation grounds and an internal access road, claiming rights under the Maharashtra Ownership Flats Act, 1963. The defendants, including Wallace Flour Mills Ltd. and two charitable trusts, moved to dismiss the …

VINOD KUMAR PARMANAND KARWAT AND ORSversusSTATE OF MAHARASHTRA AND ORS

Disposed Off

The petitioners, who were landlords of a tenanted building, challenged a 2020 order by the District Deputy Registrar and Competent Authority that deemed the land and building conveyed to a cooperative society formed by flat purchasers. The building comprised ground and two upper floors with 12 …

BHUPAT RAVJIBHAI LUKHIversusSTATE OF MAHARASHTRA AND ANR

Disposed Off

The petitioner, Bhupat Ravjibhai Lukhi, filed a writ petition under Article 226 of the Constitution and Section 482 of the CrPC seeking quashment of FIR No. 442 of 2017, which alleged offences under IPC Section 420 and the Maharashtra Ownership Flats Act. Both parties, having settled their civil …

GODREJ PROJECTS DEVELOPMENT LIMITEDversusR. K. RAMANI AND ANR

Disposed Off

The petition under Article 227 challenged the State Consumer Disputes Redressal Commission’s order affirming the District Commission’s condonation of a 1192‑day delay in filing a consumer complaint against Godrej Projects Development Ltd. The complainants had booked a flat, paid part consideration, …

M/S. ARIHANT DEVELOPERSversusTHE STATE OF MAHARASHTRA AND ORS

Disposed Off

The petitioner, Arihant Developers, challenged a deemed conveyance order issued by the Competent Authority under Section 11(3) of the Maharashtra Ownership Flats Act, arguing that construction of the project was incomplete and that the order improperly granted rights over a portion of the land. A …

ASHIT BALWANT DOSHIversusSTATE OF MAHARASHTRA AND ANR

Disposed Off

Ashit Balwant Doshi filed a criminal writ petition seeking the quashing of FIR No. 41 of 2024 registered under Sections 406, 409, 420, 34 of the IPC and Sections 3, 4, 5, 8, 13 of the Maharashtra Ownership Flats Act. The State, through its APP, produced a communication dated 26 December 2025 …

ASHIT BALWANT DOSHIversusSTATE OF MAHARASHTRA AND ANR

Disposed Off

Ashit Balwant Doshi filed a criminal writ petition seeking the quashing of FIR No. 41 of 2024 registered under Sections 406, 409, 420, 34 of the IPC and Sections 3, 4, 5, 8, 13 of the Maharashtra Ownership Flats Act. The State, through its APP, produced a communication dated 26 December 2025 …

ARUNKUMAR H SHAH HUFversusAVON ARCADE PREMISES CO-OPERATIVE SOCIETY LIMITED & ORS.

2025 INSC 524Dismissed

The appellant, Arun H Shah HUF, challenged an ex parte certificate of deemed conveyance issued by the competent authority under Section 11 of the Maharashtra Ownership Flats Act, which granted the first respondent cooperative society title to the entire larger plot subject to a condition that it …

THE COSMOS CO. OPERATIVE BANK LTD.versusCENTRAL BANK OF INDIA & ORS.

2025 INSC 243Appeal(s) allowed

The Cosmos Co. Operative Bank Ltd. (appellant) challenged a High Court order that held Central Bank of India (respondent No.1) had the first charge over a flat mortgaged by the original borrowers. Both banks had received security documents: the appellant bank held the share certificate of ownership, …

MADHAV PRASAD AGGARWAL & ANR.versusAXIS BANK LTD. & ANR.

2019 INSC 707Appeal(s) allowed

The appellants, home buyers, filed suits against the builder and Axis Bank seeking specific performance, possession and other reliefs concerning flats in the Orbit Heaven project. Axis Bank moved a notice of motion under Order 7 Rule 11(d) of the CPC to have the plaint rejected only against it, …

NAHALCHAND LALOOCHAND PVT. LTD.versusPANCHALI CO-OPERATIVE HOUSING SOCIETY LTD.

2010 INSC 563Dismissed

The promoter, Nahalchand Laloochand Pvt. Ltd., developed a building and sold flats to members of Panchali Co‑operative Housing Society Ltd., asserting a right to sell 25 stilt parking spaces as separate units. The society contended that the promoter could not sell those spaces because they were not …

JAYANTILAL INVESTMENTSversusMADHUVIHAR CO-OPERATIVE HOUSING SOCIETY AND ORS.

2007 INSC 26Appeal(s) allowed

Jayantilal Investments, a promoter, was sued by MadhuVihar Co‑operative Housing Society for conveyance of title and an injunction restraining further construction on a plot in Kandivali. The Society argued that under the Maharashtra Ownership Flats Act (MOFA) the promoter must obtain flat‑takers' …