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reserved fsi
Posted inNews

Bombay High Court: Owner cannot be restrained from using reserved FSI— “Society has no prima facie right, injunction set aside for ignoring contractual limits”

Court’s decision The Bombay High Court allowed the appeal and set aside the trial court’s injunction restraining the landowner from utilising reserved FSI/TDR and undertaking development. The Court held that…
Posted by Rawlaw March 20, 2026
redevelopment
Posted inNews

Bombay High Court: Developer cannot invoke arbitration against dissenting society member who never signed redevelopment agreement — “Section 11 application dismissed”

1. Court’s decision The Bombay High Court rejected an application filed by a developer seeking appointment of an arbitrator against a dissenting member of a cooperative housing society in relation…
Posted by Rawlaw March 9, 2026
housing society
Posted inNews

Bombay High Court sets aside housing society expulsion over member complaints—“Access to justice is not a privilege”; members restored, stay refused

1. Court’s decision The Bombay High Court quashed three concurrent orders that had approved and upheld the expulsion of five members from a cooperative housing society, holding that the decision-making…
Posted by Rawlaw February 13, 2026
temple land dispute
Posted inNews

Bombay High Court refers temple land dispute to arbitration—Society a “Veritable party to flat purchase arbitration clause”; Section 11 court won’t pre-judge arbitrability

1. Court’s decision The Bombay High Court allowed two Section 11 applications and appointed a sole arbitrator to adjudicate disputes between a developer, a Jain temple trust, and a cooperative…
Posted by Rawlaw February 13, 2026
SARFAESI
Posted inNews

Bombay High Court refuses impleadment of auction purchaser in execution — ‘SARFAESI buyer liable only for dues attached to secured assets, not business liabilities of defaulting society’

1. Court’s decision The Bombay High Court dismissed a writ petition filed by a cooperative credit society seeking to implead a SARFAESI auction purchaser (Respondent No.2) as a party in…
Posted by Rawlaw December 7, 2025

Recent News

  • Bombay High Court: Uncommunicated “good” ACR gradings cannot deny NFSG— “Rejection of promotion held arbitrary, officer entitled to reconsideration with benefits”
  • Bombay High Court: Section 29A time limit inapplicable to highway land acquisition arbitration — “Delayed award upheld, no patent illegality in compensation”
  • Bombay High Court: Unconditional stay of arbitral award denied — “Deposit of entire award justified as no exceptional case” made out
  • Bombay High Court: Changing selection criteria after recruitment begins is arbitrary— “Weightage method struck down, candidates with higher marks ordered to be appointed”
  • Bombay High Court: Arbitral award set aside upheld — “Lack of proof of membership renders arbitration under cooperative law without jurisdiction”
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