Lalitbhai J. Dhurva H.U.F. And ORS v. Girivilla Co-Operative Housing Society Ltd And ORS

921(3)-WP.5138.2013.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5138 OF 2013 Lalitabhai J. Dhurva and Ors.

} Petitioners versus Girivilla Co-operative Housing } Society Ltd. and Ors.

} Respondents Mr. Madhur Surana for the Petitioners.

Mr. Sanjay Jain with Ms. Krishna Raja i/b. M/s. L. J. Law for Respondent No. 1.

Mr. A. I. I. Patel - AGP for Respondent Nos. 2 and 3.

Mr. Ashish Kamat i/b. Ms. Nisha Valani Respondent Nos. 4 to 9.

CORAM :- S. C. DHARMADHIKARI & G. S. PATEL, JJ.

DATED :- FEBRUARY 18, 2016 P.C. :- Heard both sides. We find that the Developer, who is the Promoter, within the meaning of the Maharashtra Ownership Flats Act, 1963, cannot, in the present set of facts and circumstances, challenge the order of deemed conveyance for, he has failed to discharge his obligation and duty to convey the property to the Society/entity of the flat purchasers. In such circumstances, in the garb of assisting the owner of the land oR the property, we cannot allow the Petitioner/Developer in this J.V.Salunke,PA

921(3)-WP.5138.2013.doc Petition to challenge the order of deemed conveyance. The Writ Petition is dismissed.

(G.S.PATEL, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA