Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 3499-2019 in S.C. Suit no.2380-19
1 Date :17.03.2020
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 3499 OF 2019
IN
S.C. SUIT NO. 2380 OF 2019
(CNR NO.MHCC01-009548-2019)
Mrs. Suman Ramesh Dalvi & Ors. .. Plaintiffs
Versus
Rambahadur Singh .. Defendant
Appearances :-
Ld. Adv. Devendra B. Singh for plaintiff.
Ld. Adv. Zubin Dalal i/b Sameer Sawant for defendant.
Coram : His Honour Judge
Shri. A.H.Laddhad
Additional Judge
CR No. : 7
Date : 17.03.2020
ORDER
1. The Plaintiff has filed present Notice of Motion seeking
following reliefs :
a) That pending the hearing and disposal of the present suit,
the defendant, their agents or servants or any other
person claiming through them be restrained from
creating any sort of third party right in any manner
whatsoever by way of temporary injunction in respect of
plot of land being CTS No. 226 (Pt), 226/4 to 226/19
admeasuring 1050 sq. mtrs. situated at Village Kanjur
Taluka Kurla.
b) Interim and ad-interim reliefs in terms of prayer (f)
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NM 3499-2019 in S.C. Suit no.2380-19
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above.
c) Any other further relief as the nature and the
circumstances of the case may deem fit.
2. It is the case of present plaintiffs that they being an owner of
plot admeasuring about 1050 sq. mtrs. situated on CTS No. 226
(pt), 226/4 to 226/19 agreed to sold to the defendant for total
consideration of Rs. 28,25,000/- pursuant to that they have
received an amount of Rs. 10,50,000/- as stipulated in the
Agreement and they have executed Registered Conveyance Deed
on 17.10.2017. It is alleged by the plaintiffs that the defendant
did not pay balance amount of Rs. 17,75,000/- to them and
therefore, Deed of Conveyance can not be acted upon and thus,
they have filed present suit for cancellation of Conveyance Deed
dated 17.10.2017.
3. The Notice of Motion is opposed by the defendant by filing
Written Statement. It is specifically contended by the defendant
that they have made entire payment in respect of plot admeasuring
about 1050 sq. mtrs. and nothing is due. They have also obtained
letter of Intend (LOI and IOA) from the Slum Development
Authority which clearly shows that they have the possession of the
suit property. Hence, they have paid entire amount to the owners.
Hence, defendants prayed for rejection of the Notice of Motion.
4. Heard both the sides. Perused Notice of Motion, plaint as
well as Written Statement. On perusal of the entire plaint, it
appears to me that plaintiffs raised grievance of non-receipt of
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NM 3499-2019 in S.C. Suit no.2380-19
3 Date :17.03.2020
amount of Rs. 17,75,000/- in respect of Sale Consideration of plot
admeasuring 1050 sq. mtrs. Hence, they prayed for cancellation of
Conveyance Deed.
5. During Course of Argument, it is pointed out by the
defendant that the Conveyance Deed itself mentioned that out of
Rs. 28,25,000/- , the purchaser has paid part of the consideration
to the plaintiffs. Ld. Advocate for the defendant also pointed out
that payments which the defendants have made to the plaintiffs
time to time.
6. I have perused Conveyance Deed which has been annexed by
the plaintiff as well as produced by the defendant. It appears to
me that the plaintiffs mischievously did not annexed page No. 5
and 6 which contains that on or before execution of Conveyance
Deed dated 17.10.2017, the purchaser had paid part of Monetary
consideration of Rs. 28,25,000/- and also paid an amount of Rs.
10,50,000/- on the date of execution of that indenture. The
contents at Para No. 6 further says that the purchaser has paid
entire Sale Consideration of Rs. 28,50,000/- on or before
execution of the indenture in full satisfaction and vendor do and
each of them DOTH admitted and acknowledged the payment
thereof.
7. The aforesaid contents of the Conveyance Deed clearly
shows that the defendants have already made entire payment of
Rs. 28,50,000/-to the plaintiffs inspite of that the plaintiffs filed
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NM 3499-2019 in S.C. Suit no.2380-19
4 Date :17.03.2020
instant Suit on false grounds that they have not received balance
amount of Rs. 17,25,000/-. The defendant also filed payment
schedule which clearly spelt out that the amount of Rs.
17,25,000/- was paid by the defendant between 13.12.2010 and
05.02.2015 by cheque. It appears that the plaintiff in order to
obtain ad-interim injunction, specifically did not file four pages of
the Conveyance Deed dated 17.10.2017. In my view, the plaintiff
did not come up before the Court with clean hands and obtained
the ad-interim protection. Therefore, in view of the aforesaid fact
and conduct of the plaintiff, in my view, the Notice of Motion
needs to be rejected with cost of Rs. 10,000/- to be payable by the
plaintiff to the defendant. Thus, I proceed to pass the following
order :
ORDER
1. Notice of Motion No. 3499 of 2019 is hereby dismissed with
cost of Rs. 10,000/- to be payable by the plaintiff to the
defendant.
2. Notice of Motion No. 3499 of 2018 is disposed off
accordingly.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 17.03.2020 Greater Bombay.
Dictated on : 17.03.2020
Typed on : 19.03.2020
Draft Submitted on : 19.03.2020
Checked on : 11.05.2020
Signed on : 11.05.2020
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NM 3499-2019 in S.C. Suit no.2380-19
5 Date :17.03.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
11/05/2020 at 4.00 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
17/03/20
JUDGMENT/ORDER signed by P.O.
on
11/05/20
JUDGMENT/ORDER uploaded on 11/05/20
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