Nelu Estate and Movers Private Limited v. District Deputy Registrar Cooperative Societies and Ors.
Case brief
What is this about?
Bombay High Court writ petition WP 15433 of 2025, decided 23 March 2026 by Justice N. J. Jamadar. Petitioner Nelu Estate And Movers Private Limited withdrew its petition with liberty to institute a suit based on title before the competent Civil Court; respondent Society argued its redevelopment was stalled by the ad-interim order. Court relied on Arunkumar H. Shah HUF vs Avon Arcade Premises Co-operative Society Limited and ors. (2025 SCC OnLine SC 828) regarding Section 11 of the Maharashtra Ownership of Flats Act, 1963 (MOFA) orders by the Competent Authority not precluding suits on title. Petition dismissed as withdrawn; ad-interim relief operating since 17 November 2025 continued for two weeks, to stand automatically vacated thereafter absent any Competent Civil Court order, with no extension to be entertained.
What did the court decide?
Liberty to the petitioner to institute a suit based on title before the competent Civil Court; ad-interim relief (in operation since 17 November 2025) continued for two weeks, to stand vacated thereafter absent any order by the Competent Civil Court, with no extension to be entertained.