ASHOK PUNJABI Vs. HIGH CLASS DEVELOPERS

JUDGEMENT

(1.) The plaintiffs are the unit owners in the building known as "Kotia Nirman" constructed on Plot No. 2, Shah Industrial Estate, Link Road, Andheri (West), Mumbai 400 053 on Final Plot No. 138, TPSIII, Malum Division at Senapati Bapat Marg, Matunga (West), Mumbai 400 016.

(2.) The defendant Nos. 1 and 2 are the promoters within the meaning of Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (Act IV of 1963) (hereinafter referred to as MOFA).

(3.) The defendant No. 3 is the Planning Authority for Greater Bombay under the Maharashtra Regional Town Planning Act and that is also the authority to sanction and approve the plans under the Mumbai Municipal Corporation Act, 1888. The defendant No. 4 is the son of defendant No. 2. He is impleaded because he has converted his proprietary concern M/ s. Asian Marble into a partnership firm. The defendant No. 4 as a partner has been inducted for development of defendant No. 2's share in the suit property. This firm is stated to have entered into Development Agreement with defendant No. 5. The defendant No. 4 is claiming that the partnership between he and his father has been dissolved on 10th December 2004 and as per the terms of dissolution he is entitled to certain premises on the ground and sixth floor.