learned senior counsel for the petitioners
invited our attention to Section 10(1) of MOFA and in particular first
proviso and would submit that ... under section 12 of the said MAO Act. He submits that
the intimation under section 10(2) of the MOFA was rightly sent
JUDGEMENT-WP. 798-05, 414-05.doc
Sub-section (2) of Section 10 of MOFA, it
means that the provisions ... more we cannot place an interpretation
on Sub-section (2) of Section 10 of MOFA,
1963 which would either clash with
JUDGEMENT-WP. 798-05, 414-05.doc
Sub-section (2) of Section 10 of MOFA, it
means that the provisions ... more we cannot place an interpretation
on Sub-section (2) of Section 10 of MOFA,
1963 which would either clash with
relied upon provisions of second Proviso to Sub
Section (1) of Section 10 of MOFA. Section 10 reads thus :
"10. Promoter to take steps ... contemplated under second proviso to Section 10(1) would
apply only if such mandatory conditions prescribed under Section 10(2) are
complied with strictly
suit or
proceedings within the meaning of Section 14 of the IBC. Section 10 of
MOFA provides thus :
10. (1) As soon as a minimum ... Patil that moratorium imposed
under Section 14 of the IBC would impede the proceedings under Section 10
of MOFA. Mere right conferred on a promoter
Section.
Section 4 mandates execution and registration of agreement with flat
purchasers in the format prescribed. Section 7 of MOFA prohibits
making additions or alterations ... plans. Section 7A seeks to clarify applicability of Section 7 in
respect of an additional building in the layout. Section 10 of MOFA
enjoins
Section.
Section 4 mandates execution and registration of agreement with flat
purchasers in the format prescribed. Section 7 of MOFA prohibits
making additions or alterations ... plans. Section 7A seeks to clarify applicability of Section 7 in
respect of an additional building in the layout. Section 10 of MOFA
enjoins
housing society, he submits that such distinction is irrelevant
under MOFA. Section 10 of MOFA does not prescribe the nature of
co-operative society ... appertaining to the
flat agreed to be sold;"
49. Section 10 MOFA imposes obligation on the promoter to take
steps for formation of cooperative
housing society, he submits that such distinction is irrelevant
under MOFA. Section 10 of MOFA does not prescribe the nature of
co-operative society ... appertaining to the
flat agreed to be sold;"
49. Section 10 MOFA imposes obligation on the promoter to take
steps for formation of cooperative
housing society, he submits that such distinction is irrelevant
under MOFA. Section 10 of MOFA does not prescribe the nature of
co-operative society ... appertaining to the
flat agreed to be sold;"
49. Section 10 MOFA imposes obligation on the promoter to take
steps for formation of cooperative
