No relief given from Bombay high court
There was no relief from the Bombay high court for Kalpataru Properties in a mega redevelopment project in Kandivli. A division bench of Justice S J Vazifdar and Revati Dhere refused to grant an interim order seeking the appointment of a court receiver and restraining Majhitia Nagar cooperative society from assigning the project to another builder.
The HC upheld a single judge’s order that prima facie said there was no concluded contract to carry out redevelopment between the society and Kalpataru. If an injunction is granted, almost 300 members will be deprived the benefit of enjoying their property during the pendency of the suit.
On the other hand, the (Kalpataru) always has a right to claim damages, the judges said, adding. Members of the society ought not to be denied the right to better living and better facilities. The court said a resolution passed by the society in 2005 accepting Kalpataru’s bid was not enough to say that there was a concluded contract.
This incident has led to a problem regarding the development in the project in Kandivli.
Source: The Times of India
