Godi Kamgar Griha Sanstha Ltd. and Bharat Infrastructure and Engineering Ltd. Vs. Mr. Jerry Thomas Cherian and ors.

Decided On : Jun-25-2010

Court : Mumbai

LAW: the Registration Act, the Development Agreement, Section 73(1)(A, Section 73(1)(A, Section 354, Order 1 Rule, Order 1 Rule 8;iii, Section 354, Section 354, Section 91, Section 91, Section 91, Rule 75, Rule 76, Section 91, Section 91(2, Section 73(1)(AB, Order 1 Rule, Article 226, Section 354, the Dispute No, the Development Agreement, Maharashtra Municipalities Act, Section 55-A of the, Article 226 of the Constitution of India

PERSON: S.J. Kathawalla, Nos, Building C-1, Wassoodew, Wassoodew, Ajit K.Pingulkar, Pingulkar, M. M. Vashi, Buildings, Buildings, Buildings, i.e.(a, Body Meeting, Shri J.G. Dewoolkar, Bandra, Buildings, Servant, Bhoomipujan, Body Meeting, Building C-1, Buildings, Appeal, Buildings, Building C-1, Vashi, Building C-1, Vashi, Buildings, Vashi, Buildings, Buildings, Buildings, Buildings, Vashi, Buildings, Vashi, Vashi, Vashi, Vashi, P.K. Naik, Vashi, Vashi, Divekar, Vashi, Anr, Dayadasi Kalia, Vashi, Vashi, Vashi, Mulchand Mehta, Mahesh S. Mehta, Vashi, Buildings, Vashi, Buildings, Vashi, Building C-1, Vashi, Buildings, Vashi, Vashi, Buildings, Vashi, Vashi, Buildings, Vashi, Wassoodew, Ajit Pingulkar, Wassoodew.38, Firoze Bharucha, Respondent Nos, Ramsukhi Devi 2005, Vishweshwar, Bhusan Sonaji Kshirsagar, Abdul Khalik Mohd, Supp, Radhye Shyam, Mohan Pandey, Anr, Usha Rani Rajgaria, Respondents;x, Buildings, C-1 Building, Girish Mehta, Anr, Mahesh Mehta, Anr, Mohan Pandey, Anr, Bharucha, Phal, Prabhu, Vashi, Bharucha, Vashi, Vashi, Vashi, Bharucha, Bharucha, Bharucha, Prabhu, Prabhu, Prabhu, Prabhu, Prabhu, Prabhu, Prabhu, Prabhu, Suryadevo Rao v. Ramchandar Rai, Phal, Vashi, Phal, Body Meeting, Buildings, Body Meeting, Building C-1, Shri K.T. Pingulkar, Buildings, Buildings, Buildings, Vashi, Buildings, Vashi, Buildings, Building C-1, Buildings, Buildings, Buildings, Mulchand Mehta, Mahesh H. Mehta, Buildings, Bharucha, Mulchand Mehta, Bharucha, Mulchand Mehta, Buildings, Bharucha, Meeting, Buildings, Vashi, Bharucha, Ramsukhi Devi 2005, Vishweshwar, Bhusan Sonaji Kshirsagar, Abdul Khalik Mohd, Supp, Ramsukhi Devi, Vishweshwar, Bhushan Sonaji Kshirsagar, Dr.)(supra, Vashi, Vashi, Phal, Vashi, Vashi, Vashi, D.Y. Chandrachud J., Buildings, Respondent Nos, Buildings, Building C-1, Buildings, Bharucha, Prabhu, Bharucha, Prabhu, Petitioners, Buildings, Buildings, Vashi, Buildings

NORP: J.1, Building, Maharashtra, Girish, Affidavits, Girish, Girish, Girish

DATE: 28th March, 2008, 2007, 6th May, 2008, the year 2007, 8th August, 2007, 2008, 4, 6, 9, 13, 15, 16, 17, 38, 39, today, 1292, 10796, 8th August, 2007, the period 1964 to 1970, the year 2001, Annual, 11th August, 2002, 28th February, 2003, Mid-day, 28th February, 2003, 8th December,2003, 27th August, 2004, 8th day of December, 2003, 8th December, 2003, 27th August, 2004, 8.12.2003, 18 months, the next 2 months, 21 months, 8th December, 2003, 18970, 8th December, 2003, 21st March, 2004, 21st July, 2005, 4, 8, 9, 10, 11, 2812, 2005, 21st July, 2007, 25th March, 2010, July, 2005, almost three years, Annual, 2002, 2005, 11.8.2002, 28.2.2003, 10.8.2003, 10th August, 2005, 10th August, 2005, 8th December, 2003, 6th December, 2003, 10th August, 2005, 29th October, 2812, 2005, 4.5.2007, 1960, 14.11.2007, 3rd December, 2007, 2007, 2005, 3rd December, 2007, one month, 5, 11, 3rd December, 1 8th, February, 2008, 1960, 15th May, 28th March, 2008, 3rd December, 2007, a period of, six months, 28th March, 2008, 9th April, 2008, 28th March, 2008, 6th May, 2008, 15 days, 28th April, 2008, 11th August, 2008, 25th August, 2008, Annual, 2008, 31 st August, 2008, August, 2009, 2009, 24.11.2009, 29.11.2009, 28th March,, 2009, 3rd December, 2007, 2007, 2007, the year 2002, 8.12.2003, 27th August, 2004, 4th July, 2005, 2812, 2005, 8th December, 2003, 2005, 2005, 8th December, 2003, November 2009, 3, 5, 8, 18, 19, 20, 37, 19, 25, 26, 31, 11th January, 2010, 3, 5, 11, 18, 14, 20, 23, 24, 27, 28, 29, 30 32,34, 20, 23, 24, 27, 28, 29, 30 32, 34, the period 1964 to 1970, August, 2009, 30th July, 2009, 2009, 8th August, 2007, 8th August, 2007, 1961, 1973, 1960, the year 1982, 76, 1960, 77, 1982, 1982, 5th March, 2008, 1277/2008, 11th April, 2009, 10th December, 2009, 2009, 2009, 2005, the past several years, 28th March, 2008, 2008, the year 2007, 2005, 3, 5, 7, 11, 14, 24, 27, 28, 2005, 3, 5, 15, 1960, 1995, 1995, 28th March, 2008, six months, 2009, 2010, 2005, 2010, 2005, 28th February, 2003, the last 9 years, 2010, about 9 years, 2005, 2010, 2010, 2005, 2010, 20, 22, 32, 33 34, 35, 40, 32, 33, 2009, 2007, August 2009, Annual, 11th August, 2002, 28th February, 2003, 8th December, 2003, 27th August 2004, 8th December, 2003, two months, 21 months, December, 2003, Three years, 11th August, 2002, 25th March, 2010, almost three years, 11.8.2002, 2005, 8th August, 2007, 8th December, 2003, two months, 8th August, 2007, 8th December, 2003, 21 months, 2007, 2007, 3rd December, 2007, a period of, six months, more than two years, the impugned order(28th March, 2008, 2005, 2005, 10th December, 2009, the year 2005, 10th August, 2005, 8th December, 2003, 10th August, 2005, 8th December, 2003, 2010, 28th March, 2008, 3rd December, 2007, 2007, 3rd December, 2007, 3rd December, 2003, 2005, 8th December, 2003, 8th December, 2003, 10th August, 2005, 8th December, 2003, 8th December, 2003, December, 2003, 8th August, 2007, 3rd December, 2007, the past about 18 months, 1995, 1995, 1965, 40 of 1965, the year 2002, August, 2007, 10th January, 2008, 2007, the year 2007, 3rd October, 2007, November, 2009, 3, 5, 1114, 18, 20, 22, 24, 27,28, 29, 30, 32, 34, 3, 5, 11, 14, 18, 20, 23, 24, 27, 28, 29, 30, 32, 34, 20, 23, 24, 27, 28, 29, 30, 32, 34, 28th March, 2008, 3rd December, 2007, four weeks, 28th March, 2008, one week, 3, 5, 14, 18, 20, 22, 23, 24, 27, 28, 29, 30, 32, 34, four weeks, 2010, a period of, one year, today, 5th July, 2010, 2005, 2008, 2008, 2009, 2009

ORG: the Maharashtra Co-operative, Appellate Court, Court, the Mumbai Municipal Corporation, MMC, Court, Chamber, Petitioners, Society, Building C-2, Society, Petitioners, Court, Court, Petitioners, Petitioners, Petitioners, Respondents, Respondents, Application, the Writ Petition, Respondents, Application, Respondents, Petitioners, Society, Housing Society, Andheri, Andheri, Society, Society, Society, MMC, Respondents, Society, Society, Society, Society, Society, Society, Society, Society, Hon, the Managing Committee, the Managing Committee, Society, Society, Developers, Society, Indian Express, Loksatta, Developers, the Managing Committee, the Redevelopment Committee, the Managing Committee, the Redevelopment Committee, Society, Society, Society, Society, Ellora Project Consultants, Society, Hon, the Managing Committee, Society, Society, the Sub-Registrar of Assurances, the Agreement for Development, Development Agreement, the Architects - Ellora Project Consultants, the Developers Project Architect, Society, Agreement, Society, Society, Society, Developers, inter alia, Car, Car, Society.(c, Society, Society, Society, inter alia, Society, Society, the Society i.e. Respondent Nos, Suit, the City Civil Court, MMC, Society, Society, Society, the City Civil Court, Society, MMC, Court, Society, the Society i.e. Respondent Nos, General Meetings, Society, Court, Society, Court, the Development Agreement, Society, Society, Development Agreement, Society, Revision Application No., Appellate Court, the Revision Application, Appellate Court, Society, the City Civil Court, MMC, Occupation Certificate, Society, the Divisional Joint Registrar, Societies, the Managing Committee, Society, the Divisional Joint Registrar, the Administrator of the Society, Society, Dispute, Co, Society, Society, Society, Society, Society, Society, Court, Society, Court, Building C-1, Buildings 'A', Society, Court, Respondents, Appellate Court, Court, Respondents, Appeal, Court, Society, Society, Appeal, the Divisional Joint Registrar, Respondents, Society, Court, the Managing Committee, Petitioner Society, Appeals, Appellate Court, the Trial Court, the Trial Court, Appellate Court, Society, Court, Managing Committee, Building No, Court, Society, the Petitioner Society, Society, MMC, Society, Society, Court, Society, Court, Petitioners, Petitioners, Appellate Court, Court, Court, Society, the Trial Court, Court, Court, RCC, Respondents, problems;vi, stage;vii, Society, Court, Court, Co, Appellate Court, Society, Society, the Sub-Registrar, Agreement, Society, inter alia, Society, Society, Society, Suit, the City Civil Court, Society, Society, Society, Society, the Society on 10th August, Society, Society, Agreement, Society, Society, Society, Court, Society, Petitioners, Society, Court, Appellate Court, Petitioners, Petitioners, Court, Petitioners, Respondents, this Writ Petition are Respondent Nos, Court, The Structural Engineer of the Society, MMC, Society, Whiz Enterprises Ltd., W.P. Lodging No, MMC, Corporation, Respondents, Respondents, Society, MMC, Corporation, Corporation, MMC, Society, Society, Society, MMC, the Small Causes Court, Co, Appellate Court, the Managing Committee, Society, Court, Court, Societies Rules, Court, Registrar, Court, Court, Bandra Green Park Co-operative, Housing Society Ltd., the Managing Committee of the Society, Respondents, Society, Writ Petition, the Maharashtra Co-operative Societies Act, Court, Ors, Arbitration Petition (L, Society, Respondents, Society, Building C-2, Building C-2, RCC, Petitioners, Building C-1, Court, Respondents, Court, Respondents, Building C-1, Respondents of Buildings 'A', Court, Petitioners, Society, Society, Appellate Court, the Petitioner Society, Court, Petitioners, Society, Society, Respondents, the Writ Petition, CC.IV/187of, Petitioners, Society, Society, Court, Society, Court, Maharashtra Co, the Petitioner Society, Court, Court, the Hon'ble Supreme Court, State, U.P., Ors, UP, Appellate Court, Petitioners, Court, Court, Reliance, the Hon'ble Supreme Court, Ors, Chhabi Nath and Ors, Court, Court, Petitioners, Court, the Writ Petition, C-2 Building, Respondents, Petitioners, Development Agreement, Petitioners, Court, Petitioners, the High Court, Hon'ble Supreme Court, Radhyesham, Court, Court, Respondents, Society, Society, carpet area, Respondents, Respondents, Court, Society, Respondents, CC.IV/187, Notice of Motion No, the Writ Petition, Court, the Notice of Motion, the Writ Petition, Respondents, Court, Court, the Writ Petition, Court, the Hon'ble Supreme Court, AIR 2003, the Hon'ble Supreme Court, Society, Society, the Managing Committee, Court, Appellate Court, Court, Petitioners, Respondents, Petitioners, Court, Society, MMC, Society, Respondents, Society, Society, Intervenors, Court, Society, the Developer (Petitioner No, Society, inter alia constructing, Building C. Thereafter, Developers, inter alia, Society, the City Civil Court, Society, Society, Society, Suit, the City Civil Court, Dispute CC-IV/187, Court, Appellate Court, Society, the Developer (Petitioner No, MMC, Occupation Certificate, Society, Respondents, Building C-2, Building C-2, Respondents, Society, Court, Building C-2, Court, Society, Society, Corporation, Society, Society, MMC, Society, Respondents, Society, Court, Appellate Court, Court, Court, Court, Society, Petitioners, Court, Court, Court, Appellate Court, Appellate Court, Society, Society, Appellate Court, Court, Ors, Ors, Society, Society, Society, Court, Application, Society, the Developer (Petitioner No, Society, Court, Society, Society, the Developer (Petitioner No, the Development Agreement, Society, Society, Society, Building C-2, Society, Society, Respondents, Appellate Court, Court, Society, Society, Society, Society, the City Civil Court, Appellate Court, Petitioners, Society, Appellate Court, Court, Society, RCC, Appellate Court, Society, City Civil Court, Agreement, Court, Society, Development Agreement, Society, Agreement, Society, MMC, Appellate Court, Court, Appellate Court, Court, Court, Society, Court, Court, Building C-1.53, The Cooperative Appellate Court, Respondents, the Hon'ble Supreme Court, State, U.P., Ors, UP, the Hon'ble Supreme Court, State, Ors, the High Court, The Hon'ble Supreme Court, State, Ors, the High Court, Forest Guard, the Hon'ble Supreme Court, the High Court, the Hon'ble Supreme Court, the State Government, the High Court, the Writ Petition, the Hon'ble Supreme Court, Appellate Court, Court, Petitioners, Society, Petitioners, Petitioners, Petitioners, Society, Court, Petitioners, Appellate, Appellate Court, Society, Respondents, the Writ Petition, Court, Society, Court, Appellate Court, the General Body Meetings, the Managing Committee, Society, inter alia, Society, Court, Court, Court, Building C-2, Society, the Writ Petition, Society, the Managing Committee, the Managing Committee, Appellate Court, Society, Appellate Court, Society, Society, Society, Respondents, Respondents, Society, Court, Appellate Court, Society, Society, Buildings 'A', Court, Society, Court, Society, Respondents, the Writ Petition, Respondents, Appellate Court, Court, Society, Appellate Court, Petitioners, Court, Court, the Writ Petition, Appellate Court, Building C-1, Court, CC-IV/187/2005, CC-IV/124/2007, Court, Court, CC-IV/187/2005, CC-IV/124/2007, Society, this Judgment, Notice of Motion Nos

GPE: Mumbai, Sanstha, Mumbai, Mumbai, Mumbai, Mumbai, Suit No, Building, C-1 Building, Mumbai, Building Nos, Mumbai, Mumbai, Building, Mumbai, defective.33, Building, Building, Mumbai, submission.41, India, Mumbai, Mumbai, Mumbai, Mumbai, Building C-1, Municipality, Building, Affidavit, Building

CARDINAL: three, 222, 227, 229, 2007.2, seven, 1, 172, one, two, 18, 275, two, 1, 71, 50, 1, seven, three, 2, 1, 7, 172, 106, 2, 2, 18, seven, 172, three, 368, 560, 725, seven, two, seven, 48, seven, two, 110, 120, about 20, 10, three, three, three, 2, 2, 18, 172, 18, 172, six, 3100, 200, 25, 1000, Two, twenty thousand, ninety four, five thousand, 161, 172, seven, 1, 12, 2, 2, seven, 2, 2, seven, 2, 2, 18, seven, 2,3,4,5,6,13, 14, 8.12.2003, 8.8.2004, seven, 2, 2005.17, 2, one, two, 18, 2, 1 to 19, 19, six, 124, 1 to 19, 1 to 19, seven, 2, 2, 16, two, 1, 9, 10, three, 3, 14, 2007.21, 19, 2008.22, three, 1, 9, 10, 9, 529, 8.12.2009, 2, seven, 2, 16, two, 8.12.2003, two, 18, 161, 172, seven, seven, 2, 28, only 19, 40, 1, 22, 37, 18, 37, 18, 36, 33, 1, 35, 35, 28, two, 2, 76, 91, 1, 2, 338, 493, 71, about 90, two, 2, 2, 28, 275, Hundreds, 18, 172, 1, 1, 39, 19, 172, 153, 1, four, 8, 19, 733, 2, 5, 2, 18, 16, 120, 110, 172, 2, 187, two, 529, only one, 227, 9 and 13, seven, 172, seven, 110, 2, two, 18, 161, 172, 18, seven, five, 2, seven, 2, 18, seven, one, 2, seven, one, 2, 2, 18, 1 to 19, about 80, 2, about 90, Approximately 70, 2, twenty eight, forty six, seven, 2,00,00,000/-, two, 1, only 19, seven, seven, only 7, 172, 2, seven, 2, two, 18, 2, 2, seven, six, 172, hundreds, 172, seven, seven, 2, two, 18, two, two, 18, two, Approximately 64, 60, 733, 2, 593, 1, one, 18, 2, 28, six, 172, 2, two, 32, 33, approximately 90, approximately 64, about 71, hundreds, 172, one, 18, 7, 172, 19, 1, 35, only 16, 1, 35, 35, 2, 1, 35, 1, 1, 275, 415, 344, 529

WORK_OF_ART: The Writ Petition, a Deed of Confirmation, Buildings (C-1, 'F' Buildings, The Writ Petition, F' the Petitioners

PRODUCT: Chamber Summons, F, F, F, Agreement, Judgment, Agreement, Agreement, F, F, Agreement, Society;vi, F, F, F, F, Judgment, F, F, F, F, C-2 Building, CC-IV-57, CC-IV-57, Agreement, F, Agreement, F, F', F, Agreement, F, F, F, F, Agreement, F, F, F, Agreement, Agreement, Agreement, F, Section 55A, F, F, F, F, Police.v, Judgment.vi

FAC: Versova Road, the Deed of Confirmation

ORDINAL: 37th, first, second, 37th, 18th, 16th, first, 3rd, first, 24th, 3rd, first, second, first, 3rd, 37th, second, first, second, 24th, fourth

QUANTITY: 120 sq. feet, additional 120 square feet, eighty three thousand seventy six

LOC: Building C-1, Single, Building C-1, Building C-1, Building C-2, Building C-2, Building C-1, Building C-1, Building C-1, Building C-1, Building C-2, Building C-1, Building C-1, Building C-1, Single, Single, the Writ Petitioner, Building C-1, Building C-1

TIME: the minutes, the minutes, the minutes, the minutes, the minutes, 11 a.m., the minutes

EVENT: the Agreement dated8th, The Agreement dated8th