Interim Order 2

Order Details: Order Below EX 1
Pdf Text: 8 C.C.No.3287/SS/2017
CW-1 Exh.13
1. Whatever stated by me in my evidence affidavit is true
and correct and in token thereof I have signed the affidavit.
(M. P. Saraf)
Date : 07.01.2026 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
Cross examination of CW-01- Ajinkya Ashok Gange by advocate
Datarm Dindikar for the accused :
2. As on date my age is 33 years. I am studied BMM and LL.B.
I am running business of selling footware. Said business is run by my
father. I am looking after the business since year 2014-2015. My shop
is located at Bandra(W). We are staying at Bandra. I have no friends or
relatives staying in the vicinity of Badlapur or Ambarnath. My
statement made in complaint that I know the accused No.2 is not
wrong. I am acquainted with accused No.2 through my local friend at
Bandra named Omkar Thorat who is staying at Bandar. Nitin Tyade
who was sleeping partner of accused No.2 introduced me with the
accused No.2. My friends introduced accused No.2 with me for the
reason of purchasing flat. It is true to say that at that juncture I was
willing to purchase flat. It was with a purpose of investment. It is true
to say that except said reason I had no occasion earlier to visit
Ambarnath or Badlapur. I had seen flat situated in Mahatma Jyotiba
Phule Co-operative Society at Badlapur. I liked said flat. I purchased
two flats for Rs.57,30,000/-. Sale Deed is executed for both flats on
14.06.2017. It is true to say that Mr. Nitin Tayade has not signed or
executed Sale Deed of above flats either as a seller or consent terms.
Since the day of executing Agreement and receiving money from me
both Nitin Tayade and Santosh Patel accused No.2 stopped receiving
my phone calls. I met accused No.2 after 5 to 6 days of executing Sale
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CW-1 Exh.13
Deed. I asked for possession of the flats immediately after executing
Agreements. Accused was to get the flats clean with some minor repair
work. When I purchased flats construction of the building was
completed and already some members have occupied other flats.
Accused did not give me possession nor repaired the flats. It is true to
say that I have made averment in my complaint that since builder failed
to give possession in the month of June 2017 I asked him to cancel the
Agreement. It is true to say that therefore, accused obtained my
signature on blank paper with promise to endorse Cancellation Deed on
said blank paper and issued cheque to me. It is true to say that I have
annexed photo copy of possession letter dated 28.08.2017 with my
complaint. Said letter was sent to me by Registered Post. I obtained
possession by breaking locks on failure of handing over keys by the
accused. I have not informed the police by report before taking
possession breaking locks and as accused was not issuing me keys of
the locks. It is true to say that I have not stated in my complaint that
possession letter was sent to me by post and I obtained possession by
breaking lock. As on date I am not in possession of both flats. Bank has
seized the flat for default of loan in the year 2023.
3. Now I am shown Agreement for Sale dated 21.12.2022. My
name is shown as a vendor and Mr.Sujit Jaiswal is purchaser of said
flats in said Agreement for Sale. Certified copies of two separate
Agreement for Sale are marked Exh.27 and 28 respectively. It is true to
say that I have sold both flats in the year 2022. I have given
Rs.50,000/- as an advance to the accused No.2 before purchasing said
two flats. Loan of Rs.44,60,000/- was approved against both flats for
me. first installment of said loan was to commence from the month of
August 2017.
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4. It is not true to say that I am deposing false that I
demanded cancellation of Agreement to the accused. It is not true to
say that I am deposing false that accused obtained my signatures on
blank paper under pretext of endorsing cancellation Deed. It is not true
to say that I am deposing false that accused issued me cheque Exh.15
worth Rs.22,50,000/- for refund of amount. It is not true to say that
accused has not issued any cheque. It is not true to say that accused is
not liable to pay me a single pie. I am not aware that I have not sent
statutory demand notice within prescribed period of limitation to the
accused.
5. It is not true to say that accused has given cheque Exh.15
in blank singed form to Mr. Nitin Tayade against commission charges. I
am not aware that Nitin Tayade was paid commission in cash and as
such accused instructed his banker to make stop payment. It is not true
to say that I have misused blank signed cheque of accused produced at
Exh.15 in collusion with Nitin Tayade. It is not true to say that I am
deposing false on oath. It is not true to say that averments made in my
complaint and affidavit in lieu of examination in chief are false. It is not
true to say that accused was not served with statutory demand notice.
Cross examination is over.
No Re-examination.
R.O.A.C.
(M. P. Saraf)
Date : 07.01.2026 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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CERTIFICATE
I affirm that the contents of this P.D.F. file evidence are same, word to word as per the
original evidence.
Name of Stenographer : Mrs. Aditi Ravikiran Dalvi
Court : Judicial Magistrate(First Class), 58th Court, Bandra,
Mumbai.
Dictated in open court on : 07.01.2026
Transcribed and Typed on : 07.01.2026
Order printed and Signed on : 07.01.2026
Order Uploaded on : 07.01.2026
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