Bombay High Court
M/S S And M Enterprises Thr Its Partners vs The Palazzo Building No 1 C.H.S.L Thou ... on 17 October, 2022
Author: Sandeep K. Shinde
Bench: Sandeep K. Shinde
Shivgan 1/2 31-WP-12297-22
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12297 OF 2022
M/s. S and M Enterprises
THR Its Partners .....Petitioners
V/s.
The Palazzo Building No.1 CHSL
THOU Its Chairman Kamlesh H. Jagtap ....Respondent
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Mr. Sumit Kothari, Advocate for the Petitioner.
Mr. P.V.Nelson Ranjan, AGP for the respondent-State.
Mr. S.S.Panchpor with Mr. Mayur Jadhav for R.No.1.
CORAM : SANDEEP K. SHINDE, J.
DATED : 17TH OCTOBER, 2022.
P.C. :
1. Petitioners would contend that Sub-registrar Haveli-
20-Respondent No.3 has registered uni-lateral instrument as deemed conveyance without following mandatory requirements under Section 11(5) of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 ('MOFA' Act for short). Petitioners rely on the judgments of this Court in the case of Kashish Park Reality Pvt. Ltd. and Anr. v. State of Maharashtra and Ors. 2021 (3) Mh.L.J.778.
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Shivgan 2/2 31-WP-12297-22 2 Learned counsel appearing for the Respondent No.1-
Society seeks time to file reply and decisions taking view contrary to the view taken in Kashish Park (Supra). 3 Therefore, stand over to 21st December, 2022 for further consideration.
4 In the meanwhile, respondent no.1 shall not create third party right in the property in question (SANDEEP K. SHINDE, J.) ::: Uploaded on - 21/10/2022 ::: Downloaded on - 21/10/2022 22:16:09 :::