Bombay High Court holds that when two competing applications for cooperative society registration exist, the earlier filed claim must be decided before any consequential steps are taken by the rival applicant.
Bombay High Court quashes bifurcation and deemed conveyance orders for violating natural justice, statutory procedure under MCS Act, and lack of hearing to existing society.
Bombay High Court holds that under MOFA, a promoter must convey the entire plot described in the agreement, not just the land under the new building, if contractual terms and statutory duty require it.
Bombay High Court holds that under the MCS Act, eligibility for cooperative society membership is governed solely by statute, rules, and bye-laws-not private development agreements.
Bombay High Court holds that dissenting cooperative society members cannot block redevelopment projects; interim relief under Section 9 Arbi tration Act granted to vacate premises pending substantive adjudication.
Bombay High Court holds that cooperative societies cannot refuse membership based on terrace usage disputes; such issues must be resolved under Section 91 of the MCS Act.