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Court Order

Interim Order 1

CNR MHMM17002065202117 Jan 2025
Borivali, MM Court
Mumbai · Maharashtra (MH)
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Full Order Text

Interim Order 1 · 17 Jan 2025 · CNR MHMM170020652021

Order Details: Copy of Evidence
Pdf Text: C.C. No.4300722/SS/2021 ...01... Date: 17/01/2025.
P.W. No.1 on S.A.
Cross-examination of P.W. No.1 Rupin Shah on oath, on behalf of
accused by Advocate Shri.Vijay Pande :-
1. I am doing work of Slub Rehabilitation Development
Authority for builders. I have completed education upto 10th. I have no
license for it. For this purpose, no license is required. I know the
accused as he met me in Dadar. The previous experience and its
expertise is not needed in our field. I have done work with many
developers. I can tell their names such as Santosh Bhai, Rajiv Bhai and
Mahendra Bhai. Projects of these developers were completed.
2. One of the project of Dhiren Shah is completed in
Goregaon(West) and another in Poisor. It is not true that I was not
doing consultancy work in those projects. It is true that the project of
Poisor is incomplete. It is not true that due to my wrong advise the
project in Poisor could not be completed. It is not true that due to my
wrong advise the accused has suffered a huge loss. It is not true that
the accused has to suffer a loss of Rs.250-300 crores. There was no
written agreement between myself and Hiren Shah in respect of the
Poisor project.
3. It is not true that my remuneration for the Poisor project
was not fixed. It is true that there is no documentary evidence about
my remuneration. However, verbally my remuneration was fixed of
Rs.2,00,000/- per month. The introduction between myself and the
complainant took place directly without any middleman. It is true that
there has taken place no written agreement of any project. It is true
that it was not agreed in writing that separately what was the
remuneration of a project. It is not true that I am not able to do the
consultancy work. It is not true that I have connection with goons.
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4. It is not true that I have to occasionally go police station. I
have gone hundreds of times in Slum Rehabilitation Authority (SRA). I
am not able to give evidence to the respect that I went in SRA for the
purpose of the present project. It is not true that I am also doing the
work of real estate agent. It is not true that I have also worked in Poisor
project as an agent. There were many and thousands of huts. It is not
true that I also do the work of removing of slum people from their huts.
It is not true that I have forcefully done the work of removal of slum
people from Poisor area.
5. It is not true that the accused is not liable to pay any
amount to me. It is not true that the papers were signed by accused
under pressure of goons. I do pay income tax. The amount involved in
the matter does reflect in my income tax returns. I can tell the dates of
issuance of cheques. I have deposited both cheques immediately after
receipt of those from the accused. The accused received the notice.
(Cross-examination is deferred till next date.)
Before me,
Sd/-
kdc
( S. A. KHALANE )
Metropolitan Magistrate,
43rd Court, Borivali, Mumbai
Date: 17/01/2025.
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