Dindoshi Court Refuses To Stop Borivali Housing Society From Appointing New Developer For Redevelopment
Mumbai: The city civil court, Dindoshi has refused to restrain a society from appointing another developer observing that it would cause a great hardship to the society in case of delay in development. The city civil judge Supriya Nikam was hearing the notice of motion moved by Magnus Construction Company against the society namely Vrindawan (Borivali) Co-operative Housing Society limited. The…
The Dindoshi Civil Court in Mumbai has ruled against a developer's attempt to halt the Borivali Housing Society's decision to appoint a new developer for redevelopment. The court dismissed Magnus Construction Company's notice of motion, as it believed doing so would cause significant hardship to the society's 64 members who are eagerly awaiting redevelopment benefits.
The developer had challenged the termination of a 2019 Memorandum of Understanding (MOU) for redevelopment, which they claimed was illegal and without proper justification. However, the society argued that no conclusive development agreement had been executed due to changes in the committee and the withdrawal of a joint partner.
The court acknowledged the society's right to appoint a new developer and granted their request, stating that an injunction would cause greater suffering to the members who have been waiting for redevelopment for years. The developer's lawyer noted that their main suit against the society was still ongoing and would continue in the future.
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