KAPITA ENCLAVE BLDG. M CO-OP HOUSING SOCIETY LTD., THROUGH ITS AUTHORISED REPRESENTATIVE MR. OM vs KIRAN BUILDERS PVT. LTD.

Judgment text excerpt

Neeta Sawant WP---9694-2017.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9694 OF 2017 Kiran Builders Pvt. Ltd. ...Petitioner V/s. Kalpita Enclave Co-operative ...Respondents Housing Society Ltd. And Ors. WITH INTERIM APPLICATION NO. 14625 OF 2023 Panom Developers LLP ...Applicant In the matter between : Kiran Builders Pvt. Ltd. ...Petitioner V/s. Kalpita Enclave Co-operative ...Respondents Housing Society Ltd. And Ors. WITH INTERIM APPLICATION NO. 1080 OF 2026 Kalpita Enclave Co-operative ...Applicants Housing Society Ltd. And Ors. In the matter between : Kiran Builders Pvt. Ltd. ...Petitioner V/s. Kalpita Enclave Co-operative ...Respondents Housing Society Ltd. And Ors. Page No.1 of 27 18 June 2026 Neeta Sawant WP---9694-2017.docx _______ Mr. Mahendra Ghelani with Ms. Nizzica Pinto and Ms. Sneha Vani, for the Petitioner. Dr. Birendra Saraf, Senior Advocate with Mr. Rohan Savant, Mr. Nirmal Devmani, Mr. Aman Saraf and Mr. Abhijeet Mahadeokar i./b. Mr. Diwakar Gond, for Respondent Nos.1 to 3. Ms. M.S. Bane AGP, for the State. ________________ CORAM: SANDEEP V. MARNE, J. Reserved On: 11 June 2026. Pronounced On: 18 June 2026. Judgment: 1) The Petitioner-Developer has challenged the Order dated 15 May 2017 passed by the District Deputy Registrar, Co-operative Societies-3, Mumbai and Competent Authority (Competent Authority) under Section 11 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA) granting unilateral deemed conveyance in respect of the land admeasuring 21,736 sq. mtrs together with buildings standing thereon in favour of Respondent Nos.1 to 3-Societies. FACTS 2) Petitioner is a developer claiming rights in respect of the land situated at