Disposed

Kamla Chambers Co-Operative Housing Society Ltd. by and through Its Chairman Shri.Shankar Ramchandr v. M/S. Pruthvi Developers through Its Partner

Bombay HC22 Jul 2024IA/6570/2024

Case brief

AI extract

What is this about?

A developer withdrew its challenge to a deemed conveyance order after the housing society resolved that the order and certificate would not affect the developer's rights over specified commercial units and open space; the court disposed of the petition and deemed the deed of conveyance corrected accordingly.

What did the court decide?

Petition disposed of on withdrawal; interim application dismissed as withdrawn; Deed of Conveyance dated 18.08.2017 deemed corrected per recorded terms

Kamla Chambers Co-Operative Housing Society Ltd. by and… — Cooperative Societies | Bombay HC (2024)

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129-ia-6570-2024 ub wp-3607-2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 3607 OF 2024

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M/s Pruthvi Developers

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… Petitioner

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Versus

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The Competent Authority & Anr … Respondent

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WITH

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INTERIM APPLICATION NO 6570 OF 2024

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WRIT PETITION NO. 3607 OF 2024

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Kamla Chambers Co-operative Housing Society Ltd … Applicant

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In the matter between

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M/s Pruthvi Developers … Petitioner

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Versus

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ARUN RAMCHANDRA SANKPAL

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The Competent Authority & Anr … Respondent

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Digitally signed by ARUN RAMCHANDRA SANKPAL Date: 2024.07.22 19:51:10 +0530

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Mr. Dilip Bodake, for the Applicant-Respondent No.2.

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Mr. Ram Apte, Senior Advocate, i/b Mr. Vaibhav R. Gaikwad, for the Petitioner.

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Ms. V. R. Raje, A.G.P. for the Respondent – State.

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1 of 3

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Arun Sankpal

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129-ia-6570-2024 ub wp-3607-2024.doc

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CORAM : AVINASH G. GHAROTE, J. DATE : 22^nd JULY, 2024

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P.C.:

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WRIT PETITION NO. 3607 OF 2024:

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The petition questions the order dated 12.07.2017 (page 140) passed by the respondent No.1 directing Deemed Conveyance in favour of respondent No.2-society.

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The learned counsel for the petitioner, upon instructions submits, that the challenge to this order of Deemed Conveyance is being withdrawn by the petitioner, as the respondent No.2 society, has accepted the position already agreed, that the order of Deemed Conveyance dated 12.07.2017 and the Certificate issued in pursuance thereof (page 146), would not affect the right of the petitioner-developer, in respect of commercial units bearing No. UG-9,10, 11 and 12 and the open space in front of those units. The Resolution No.2, by the society which is taken on record and marked as “X” for identification, accepts this position, in view of which the petition is disposed off, in view of the aforesaid statement of the learned counsel for the petitioner and the Resolution at “X”.

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2 of 3

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Arun Sankpal

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129-ia-6570-2024 ub wp-3607-2024.doc

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INTERIM APPLICATION NO. 6570 of 2024:

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In view of Resolution No. 3 (marked as “Y” for identification), stands dismissed as withdrawn.

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It is deemed that the Deed of Conveyance dated 18.08.2017 (page 243), shall stand corrected in terms of what has been recorded above and no separate document would be required to be executed or registered in that regard.

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(AVINASH G. GHAROTE, J.)

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3 of 3

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Arun Sankpal

Kamla Chambers Co-Operative Housing Society Ltd. by and through Its Chairman Shri.Shankar Ramchandr v. M/S. Pruthvi Developers through Its Partner

Case brief

What is this about?

What did the court decide?

Kamla Chambers Co-Operative Housing Society Ltd. by and through Its Chairman Shri.Shankar Ramchandr v. M/S. Pruthvi Developers through Its Partner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

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