Shweta Co. Operative Housing Society Limited Thr. Chairman v. M/S. Kamala Construction and Ors.

Bombay HC14 Jan 2026WP/14472/2025

Case brief

AI extract

What is this about?

Unilateral deemed conveyance — Section 11 MOFA Act — Competent Authority — rejection of conveyance application — status quo order — Notice of Motion No. 949 of 2005 — Suit No. 2219 of 2000 — Interim Application (L) No. 5902 of 2023 — clarification dated 04.11.2023 — liberty to apply afresh — objections in accordance with law — decision on merits — cooperative housing society — Shweta Cooperative Housing Society Ltd — M/s. Kamala Constructions — Bombay High Court — Writ Petition No. 14472 of 2025 — disposed of.

What did the court decide?

Liberty to the petitioner to apply afresh before the Competent Authority for unilateral deemed conveyance, with respondents free to raise objections in accordance with law; the application to be decided on merits. ¶¶25

Shweta Co. Operative Housing Society Limited Thr. Chairman vs M/S. Kamala Construction and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶25

Issue for consideration

Whether the clarification issued by this Court on 04 November 2023 in Interim Application (L) No. 5902 of 2023 entitled the petitioner to apply for unilateral deemed conveyance notwithstanding the prior rejection based on the status quo order. +1 more

¶¶23

Court's answer

In view of the clarification dated 04 November 2023 in Interim Application (L) No. 5902 of 2023, and considering the delay in filing the petition, it is open to the petitioner to apply afresh before the Competent Authority, and it is likewise open to the respondent to raise objections to such application in accordance with law.

¶¶23

Ratio / Principle

The fresh application before the Competent Authority is to be decided on merits in accordance with law.

¶¶24

Detailed headnote1 paragraphs

Writ Petition No. 14472 of 2025 (Bombay High Court, Civil Appellate Jurisdiction; Amit Borkar, J.; decision dated March 16, 2026). The petitioner, Shweta Cooperative Housing Society Ltd, challenged the order of the Competent Authority, passed in exercise of powers under Section 11 of the MOFA Act, rejecting its application for conferment of unilateral deemed conveyance mainly on the ground of the existence of an order of status quo in Notice of Motion No. 949 of 2005 in Suit No. 2219 of 2000. Noting that this Court had issued a clarification on 04 November 2023 in Interim Application (L) No. 5902 of 2023, which according to the petitioner entitled it to apply for unilateral deemed conveyance, and considering the delay in filing the present petition, the Court held it open to the petitioner to apply afresh before the Competent Authority, left it open to the respondent to raise objections in accordance with law, directed that the application be decided on merits, and disposed of the petition.

Shweta Co. Operative Housing Society Limited Thr. Chairman v. M/S. Kamala Construction and Ors.

Case brief

What is this about?

What did the court decide?

Shweta Co. Operative Housing Society Limited Thr. Chairman v. M/S. Kamala Construction and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Fatima Bi Sarbuddin and Anr. vs Parijat O-Op Credit Society Ltd. and Ors.

The Executive Engineer, Raigad vs Shri. Sudhakar Rajaram Sutar and Ors.

Ramchandra Bhimrao Valatkar and Ors. vs the State of Maharashtra Thr Sec. Dept. of Co-Operation and Ors.

Sanjay Saraf vs District Deputy Registrar 3 and Ors.

Mavji Ravji Patel vs Government of Maharashtra Thru. Minister of Coop. and Ors.

Lalo Shafi Khan and Anr. vs the District Deputy Registrar Coopertative Societies and Ors.