1. Extension of 1st Phase of Stamp Duty Amnesty Scheme upto 29th February, 2024:

The Government of Maharashtra had announced Stamp Duty Amnesty Scheme 2023 vide government order dated 7th December, 2023. The first phase of the scheme giving huge relief in the payment of stamp duty and penalty was supposed to end on 31st January, 2024. The government vide notification dated 31st January, 2024 has extended the date for filing the application under stamp duty Amnesty scheme upto 29th February, 2024.

2. Hon’ble Bombay High Court has directed the society to Remove the Cantilever Car Parking:

In a landmark decision in the writ petition (L) 22568 of 2023 before Hon’ble Bombay High Court in the matter of Rahul Jain vs Municipal Corporation of Greater Mumbai and others, the Hon’ble High Court, after hearing the parties and verification of the photographs submitted by the petitioner has held that 7 mechanized Cantilever car parking installed in the society is illegal. The owners of the building ( i.e RBI Employees Ashish Co-operative Society Ltd, Borivali West) was directed MCGM to issue notice to the owners of the society to remove the illegally installed seven mechanized car parking spaces.

3. Society is not entitled to recover the past arrears in respect of the unit sold in auction during Liquidation Process of Corporate Debtor | Section 238 of IBC overrides Maharashtra Co-operative Society Act, 1960 – Mr. Hitendra Vishanji Nagda and Ors. Vs. Prime Plaza Premises Co-operative Society Ltd. – NCLT Mumbai Bench

Case Citation: (2024) ibclaw.in 102 NCLT

Hon’ble NCLT Mumbai Bench further holds that:*

(i) On the basis of the law laid down in Haryana State Industrial and Infrastructure Development Corporation Ltd. v. AAR AAR Technoplast Pvt. Ltd. and Anr. (2022) ibclaw.in 717 NCLAT by the Hon’ble NCLAT, in our considered view, it can be safely held that Society cannot recover the arrears of the dues pertaining to the period prior to execution of the sale deed in favour of the auction purchaser.