Interplay Between IBC Moratorium and MOFA Deemed Conveyance: Bombay High Court Rules on Developer Insolvency and Consent

Highlights of the Judgment:
- Analysis of whether the pendency of CIRP under the IBC against a developer bars proceedings for unilateral deemed conveyance under Section 11 of MOFA.
- Examination of the principle of divesting of a promoter's title upon the sale of all flats and completion of buildings.
- Legal interpretation of blanket consent clauses and individual NOCs under Section 7 of MOFA regarding vertical extensions and FSI.
- Distinction between the existence of consent and the validity of consent within the limited summary jurisdiction of the Competent Authority.
- Precedents regarding post-occupancy certificate additional development potential generated under DCPR regimes and society ownership rights.