M/S ASIAN CHEMICAL INDUSTRIES THROU. DINESH K BHUVA vs VIJAY KAILAS INDUSTRIES PREMIESES AND ORS

Judgment text excerpt

WP.11164.2024.doc Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11164 OF 2024 M/s. Asian Chemical Industries .. Petitioner Versus Vijay Kailas Industrial Premises CHS Ltd. and Ors. .. Respondents ....................  Mr. Ashish Kamat, Senior Advocate, a/w Ms. Priyanka Chadda, D.K. Shukla i/b Mr. Shivam Singh, Advocates for Petitioner.  Mr. Dushyant Pagare a/w Ms. Shubashree Yewale, Advocates for Respondent No. 1.  Mr. Pradeep J. Thorat i/b Ms. Aditi S. Naikare, Advocates for Respondent No. 3.  Mr. P.J. Gavhane, A.G.P for Respondent No. 7 – State. ......…........... CORAM : MILIND N. JADHAV, J. DATE: : FEBRUARY 11, 2026. JUDGMENT: 1. Heard Mr. Kamat, learned Senior Advocate for Petitioner; Mr. Pagare, learned Advocate for Respondent No.1; Mr. Thorat, learned Advocate for Respondent No.3 and Mr. Gavhane, learned AGP for Respondent No.7 – State. By consent, Writ Petition is heard and disposed of finally. 2. Petition is filed challenging impugned Order dated 20.03.2024 passed by the District Deputy Registrar of Cooperative Societies (for short "Respondent No.2") granting Certificate of Unilateral Deemed Conveyance under Section 11 of Maharashtra Ownership of Flats Act, 1960 (for short “MOFA”) to Respondent No. 1 1 WP.11164.2024.doc – Society. 3. Briefly stated, in or about 1950, one Shri. Amrutlal G. Sonawala, (for short “Original Owner”) was the absolute owner of plot bearing Survey Nos. 111, 112 and 125 corresponding to CTS No. 498, 498/1 to 8, Revenue Village - Aksar Pahadi, Borivali, Mumbai. By Indenture of Lease dated 08.05.1963, Original Owner leased plot of land bearing CTS No. 498A, 498/1 to 3, Village Aksar Pahadi, Borivali, Mumbai (for short “subject land”) to Respondent No. 4. On or about 31.12.1964, Respondent