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Bombay High Court

143 posts
The Bombay High Court on March 6, 2026, dismissed a petition alleging a co-op society's voters' list ballooned from 23 to 61 members, ruling petitioners ignored the objection remedy and that factual disputes require evidence, not writ jurisdiction.

Bombay HC: Cooperative Societies Alone Have the Right to Decide Membership – Registrar Cannot Force Admission

Bombay High Court delivers big win for cooperative housing societies: “Only the society can decide who its members will be – Registrar has no power to force admission.” In a 30-year-old Peddar Road dispute, the Court quashed direct membership granted to heirs who never paid the original contribution.
The Bihar RERA has fined a developer ₹1 lakh for displaying "Coming Soon" posters and online ads for an unregistered project, holding that even minimal promotions violate Section 3 of the RERA Act and defeat buyer protection goals.

MahaRERA Appellate Tribunal Allows CCI Projects’ Delayed Appeal, Says Time Spent in Review Process Must Be Excluded

The MahaRERA Appellate Tribunal has condoned the delay by CCI Projects in appealing against an order awarding interest to homebuyers, holding that time spent on review and writ proceedings cannot be counted toward limitation.
In a key February 2026 decision, MahaREAT ruled that homebuyers withdrawing from delayed projects under RERA are entitled to interest from the promoter's receipt of payments—not from later default dates—overturning a MahaRERA order in the Mullaji vs. Onyx Builders case involving stalled projects in Kurla West, Mumbai.

MahaRERA Rejects Arbitration Clauses in Real Estate Disputes, Upholds Homebuyer Rights

MahaRERA’s November 2025 order, backed by a Bombay High Court ruling, invalidates arbitration clauses in RERA disputes, ensuring homebuyers can directly approach the authority for remedies in cases like the delayed Indiabulls Park 4 project.
In a sharp rebuke to misuse of public interest litigation, the Bombay High Court on April 8, 2026, dismissed a 13-year-old PIL challenging the redevelopment of a luxury tower on Altamount Road, calling it a private grievance disguised as a public cause. The court noted that the building was already constructed and partly occupied as per valid approvals, with no proven safety hazards.

Bombay HC Shields Property Buyers: Covid Delay Can’t Cancel Auction Sales

The Bombay High Court has held that auction sales conducted before the Covid-19 lockdown cannot be cancelled merely because buyers missed payment deadlines during the pandemic, ruling that the entire lockdown period must be excluded from statutory timelines.
The Bombay High Court on March 6, 2026, dismissed a petition alleging a co-op society's voters' list ballooned from 23 to 61 members, ruling petitioners ignored the objection remedy and that factual disputes require evidence, not writ jurisdiction.

HC Imposes ₹1 Lakh Fine for Misleading Claim About Knowing Property Was Auctioned

The Bombay High Court has dismissed two writ petitions filed by Nashik-based borrowers after finding that they made “deliberately false statements” about their knowledge of a 2009 property auction. Calling it a misuse of judicial time, the court imposed ₹1 lakh costs and upheld the refusal to condone a 12-year delay.