A.
Dear Client,
As stated in the query, when the execution of a redevelopment agreement between the Society and the Developer under Section 79A of the Maharashtra Cooperative Societies Act, 1960 is stalled or postponed owing the election of new Committee of the Society, reinforcement or cancellation of said agreement solely depends upon the newly elected committee. If the new committee of the Society has lost confidence in Developers, it cannot be forced to let society continue with the redevelopment agreement even if it is signed and processed under Sec.79A of the MCS Act. The Bombay High Court in the case between the Jal Ratam Deep Cooperative Housing Society and Mr. Kumar Builders Mumbai Reality Pv. Ltd. ruled that the agreed Housing Society can terminate a redevelopment agreement executed with a Developer for his non-performance or for any breach of terms and condition of the development agreement if a resolution for termination of the redevelopment agreement is taken by the new committee on a two-thirds majority of voting in a duly convened meeting following the Byelaws of the Society.
Posted On 19-Dec-2024
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