SHAH & MODY DEVELOPERS Vs. ALKA KETAN SHAH

JUDGEMENT

(1.) This appeal has been filed by the Defendant No.1 in the two suits filed by purchasers of commercial premises in the development construction of the Appellants as flat purchasers for enforcing compliance of the obligations of the Appellants as promoters under the Maharashtra Ownership of Flats Act, 1963 (MOFA). The Appellants, original Defendant No.1, has challenged the order of interim injunction restraining further construction sought to be put up by them as not having been consented by the flat purchasers as statutorily required.

(2.) The Defendant No.1 contends that it has obtained consent of the Plaintiffs as flat purchasers.

(3.) The parties entered into an agreement for purchase of the suit premises on 12th July, 1988. Clause 1 of the agreement shows that Defendant No.1 as promoter has commenced construction of the building under IOD dated 29th June, 1996 and commencement certificate (CC) dated 5th November, 1998. An addendum to clause 1 in the agreement shows that the CC dated 5th November, 1998 was then valid and extended further for entire work i.e. ground + three upper floors as per approved plans dated 3rd May, 1988.