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Section 11 MOFA Deemed Conveyance Not Barred by Section 14 IBC Moratorium: Bombay HC
Case Law Details
- Case Name
- Darshan Mandir Co-operative Housing Society Limited Vs District Deputy Registrar (Bombay High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Bombay High Court
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Darshan Mandir Co-operative Housing Society Limited Vs District Deputy Registrar (Bombay High Court)
The Bombay High Court considered whether the pendency of Corporate Insolvency Resolution Proceedings (CIRP) under the Insolvency and Bankruptcy Code, 2016 (IBC) against a promoter or subsequent purchaser could justify the Competent Authority refusing to exercise jurisdiction under Section 11(3) of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (MOFA). The Court also examined whether the moratorium under Sec...
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