Final Order 1

Order Details: Notice of Motion
Pdf Text: N THE COURT OF :COURT 14 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101605/2018
Vijay Gulve Vs Lodha Crown Builtmart Pvt Ltd
Date : 02-02-2021
Business : Adv. Suryavanshi for the plaintiff is present. None for
defendant. Order below NM no. 1605/18 Perused the
Notice of Motion which is supported by an affidavit
being executed by the plaintiff Vijay Gulve. As per the
record the service affidavit of Notice of Motion is
filed. My Ld. Predecessor vide its order dtd.
04.10.2019 has passed an order that this Notice of
Motion be proceeded without reply of the defendant. I
have heard Adv. Shri Suryvanshi. The prescribed
notice calling upon the production of documents has
been complied with.In Para no. 3 in the affidavit in
support, the plaintiff has stated that the defendant even
communicated and intimated regarding the
installments, payments and the cancellation of the
allotted flat. In the written statement the defendant has
claimed about intimation on various dates like
16.05.2011, 15.05.2011, 09.06.2011, 23.06.2011,
05.07.2011, 15.07.2011, 28.07.2011, 19.07.2011,
05.08.2011 and 17.10.2011. Those documents even
otherwise has to be produced on record. Considering
the defence taken up by the defendant. As the plaintiff
is claiming that he has not received any intimation or
any demand. Even otherwise the Issue no. 1 which
framed at Exh.3, the burden in upon the defendant to
proved that it was justified in forfeiting Rs. 9,00,000/-
(Rupees Nine Lakhs) which was paid by the plaintiff.
Those documents are therefore necessary for proper
adjudication for suit. Hence, I pass the following
order- ORDER Notice of Motion No. 1605/18 is
allowed and made absolute in terms of prayer clause
(a) and (d). Cost in cause. Notice of Motion is disposed
of accordingly.
Nature of Disposal : ALLOWED
Disposal Date : 02-02-2021
COURT 14 ADDL SESSIONS JUDGE
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