Developer Archives

Shardul Amarchand Mangaldas advises Shoden Developers Private Limited on redevelopment of a society in Chembur, Mumbai

Amarchand Mangaldas advised Shoden Developers Private Limited, part of the renowned House of Hiranandani Group (“Developer”), on acquiring development rights to the

Case Briefs High Courts

Developers do not have a right to default: Bombay High Court cancels NOC to Nishcon Realty for MHADA project

In the Order dated 7-08-2023, the Bombay High Court had directed Nishcon Realty along with its cohorts to bring 50% of amount of the arrears that was due as transit rent, but nothing was deposited by them.

Case Briefs Tribunals/Commissions/Regulatory Bodies

If change of promoter is left to wisdom of society, it will create chaos and uncontrollable situation leaving fate of flat purchasers in doldrum: Maharashtra Real Estate Appellate Tribunal

Maharashtra Real Estate Appellate Tribunal, Mumbai: The Coram of Indira Jain J., (Chairperson) and Dr K. Shivaji, Member (A), expressed that, if

Case Briefs High Courts

Can minority members of a Society act against will of majority members and foist delay in commencement of redevelopment work of Society? Bom HC addresses

Bombay High Court: Observing that, a developer who has been appointed by the Society and who is eager to proceed with the

Case Briefs Tribunals/Commissions/Regulatory Bodies

Developer issued two allotment letters, increasing cost of a unit in second by correcting taxes, lease rent and advance maintenance charges: Read whether UPRERA finds it to be illegal

Uttar Pradesh Real Estate Appellate Tribunal, Lucknow: The Division Bench of Justice Dr D.K. Arora (Chairman) and Rajiv Misra (Administrative Member) set

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Law on Builder-Buyer Dispute | 9-years delay in delivering possession of apartment: Read NCDRC’s decision on refund and interest

Can Buyer be asked to wait indefinitely for possession of flat even after 9-years of delay?

Case Briefs Foreign Courts

Apple: A monopolist under Federal or State Law? A win for Epic or Apple? Read to know

United States District Court, North District of California: While issuing a permanent injunction, stating Apple could no longer prohibit developers linking to

Case Briefs High Courts

Bom HC | Can a development agreement signed between Chairman of Society and one of the Managing Committee members be binding upon non-signatory? Court discusses while ordering redevelopment of building

Bombay High Court: G.S. Patel, J., in its opening remarks, expressed with respect to the present matter that: This is the usual

Case Briefs High Courts

Madras HC | Does buyer’s knowledge about dispute in title of subject property, will make him liable for offence of cheating, forgery and making false document? HC answers

Madras High Court: N. Anand Venkatesh, J., while addressing a matter expressed that: “…a transaction hit by lis pendens would not result

Case Briefs Supreme Court

One-Sided and Unreasonable Clauses in Apartment Buyer’s Agreement & Unfair Trade Practice: Read SC’s verdict

Supreme Court: The 3-Judge Bench of Dr Dhananjaya Y Chandrachud, Indu Malhotra and Indira Banerjee, JJ., observed that “Developer cannot compel the

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Can homebuyers be made to wait indefinitely for possession of plots allotted 12 years back? Commission answers while directing Ansal to make full return to buyers

National Consumer Disputes Redressal Commission (NCDRC): V.K. Jain (Presiding Member), held that homebuyers cannot be made to wait indefinitely for the possession of

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Developer to refund principal amount of 3.4 Crores along with 9% interest in view of 4 years delay of giving apartment’s possession

National Consumer Disputes Redressal Commission (NCDRC): A Division bench of Justice R.K. Agrawal (President) and S.M. Kanitkar (Member) directed the developer to refund

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Paltry compensation not an adequate redressal to allottee as it creates no pressure created on Developer to complete construction on time

National Consumer Disputes Redressal Commission (NCDRC): Justice V.K. Jain (Presiding Member), while disposing of a complaint, directed the builder to provide compensation in

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Buyer cannot be made to wait indefinitely for possession of flat when the entire consideration amount has been made

National Consumer Disputes Redressal Commission (NCDRC): R.K. Agrawal (President) while deciding the present consumer case held that, “Wherever the Builder commits a particular

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Buyers cannot be made to wait indefinitely for possession of apartment in case of incomplete construction; ‘Developer’ to refund the amount paid

National Consumers Disputes Redressal Commission (NCDRC): The Bench comprising of Justice R.K. Agrawal (President) and M. Shreesha (Member) while addressing a complaint