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M/S. Dosti Corportion vs Sea Flama Co-Operative Housing Society ... on 7 April, 2016

In my view, the judgment of this Court in case of Malad Kokil Co-operative Housing Society Ltd. & Anr. (supra) squarely applies to the facts of this case. There is thus no merit in the submissions made by Mr.Chinoy, learned senior counsel for the defendant no.1 that there was informed and full disclosure made to the flat purchasers about the development on two portions of the suit plot outside the yellow boundary line.
Bombay High Court Cites 61 - Cited by 1 - R D Dhanuka - Full Document

Standard Industries Limited vs See Flama Co-Operative Housing Society ... on 7 April, 2016

In my view, the judgment of this Court in case of Malad Kokil Co-operative Housing Society Ltd. & Anr. (supra) squarely applies to the facts of this case. There is thus no merit in the submissions made by Mr.Chinoy, learned senior counsel for the defendant no.1 that there was informed and full disclosure made to the flat purchasers about the development on two portions of the suit plot outside the yellow boundary line.
Bombay High Court Cites 61 - Cited by 0 - R D Dhanuka - Full Document

Eternia Co-Op Hsg Soc Ltd And 7 Ors vs Lakeview Developers And 12 Ors on 22 January, 2015

62. Finally, there is the decision of Mr. Justice Gavai in Malad Kokil Co-operative Housing Society Ltd & Anr. v Modern Construction Co. Ltd. & Ors.13 The project in question had several buildings. There seems to have been a contractual clause not to construct 12 2011 (4) Bom. C. R. 185 13 2013 (2) Bom. C. R. 414 54 of 78 ::: Downloaded on - 27/01/2015 23:46:01 ::: NMS-62-2014-ETERNIA CHS V LAKEVIEW DEVELOPERS-F.DOC further without prior consent. The learned single Judge referred to the various provisions of the MOFA, and the decision in Jayantilal and other cases, and then held:
Bombay High Court Cites 27 - Cited by 2 - G S Patel - Full Document

Venus Vasant Valley Cooperative ... vs Sheth Shelters Private Limited And 6 Ors on 5 April, 2024

However, in the facts of the present case, Shetgiri Report confirms that not only is the RG area substantially reduced, but the RG as provided is also fractured into several unusable patches of RG. He has submitted that Sudhir Shetty (supra) has been considered in Malad Kokil (supra) at paragraph 41 and distinguished on the ground that the judgment was passed prior to the decision of the Supreme Court in Jayantilal Investments (supra).
Bombay High Court Cites 45 - Cited by 0 - R I Chagla - Full Document

Venus Vasant Valley Cooperative ... vs Sheth Shelters Private Limited And 6 Ors on 5 April, 2024

However, in the facts of the present case, Shetgiri Report confirms that not only is the RG area substantially reduced, but the RG as provided is also fractured into several unusable patches of RG. He has submitted that Sudhir Shetty (supra) has been considered in Malad Kokil (supra) at paragraph 41 and distinguished on the ground that the judgment was passed prior to the decision of the Supreme Court in Jayantilal Investments (supra).
Bombay High Court Cites 45 - Cited by 0 - R I Chagla - Full Document
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