Interim Order 1

Order Details: Order Below EX 1
Pdf Text: CNR No. MHMM18-001640-2023 C. C. No.52/MISC./2023
ORDER BELOW EXH.1
Read complaint, verification of complainant. Perused the
documents placed on record and heard Ld. Advocate Shri Siddhi
Mundada for complainant.
2. According to the complainant accused No.2 AJS Developers
and accused No.3 Dilip Dhruv entered into an agreement to sale in
respect of Flat No.703, 7th Floor, of Building-Monisha Annexe situated at
Vileparle (w), Mumbai and also in respect of Flat No.902, 9th Floor of
proposed Andheri Monisha Co. Operative Housing Society Ltd. at S. V.
Road, Andheri. The complainant has paid the consideration amount of
above said flats by borrowing loan but the accused No.2, and No.3
allotted the Flat No.703 to accused No.4 and No.5. Thus, according to
the complainant accused No.2 to No.4 have cheated him by fabricating
the false documents. The complainant has reiterated the contents of
complaint in his verification statement at (Exh.-2).
3. Upon perusing the documents placed on record it reveals
that, the Hon’ble Additional Chief Judicial Magistrate, Court No.37,
Esplanade, Bombay on 13/12/2022 passed the order under section 14
of SARFAESI Act and upon it Ld. Advocate Shri Yogesh Bhashin as Court
Commissioner for taking possession of the said Flat No. 703 of Andheri
Monisha Co. Operative Housing Society Ltd. It reveals that, after
passing the said order the present complaint came to be filed, therefore,
I am of opinion that, there should be detailed inquiry by police under
section 202 of the Code of Criminal Procedure. Hence, I proceed to pass
following order.
Order
1 The matter be sent to police station – Santacruz for
inquiry under section 202 of the Code of Criminal
Procedure.
-- 1 of 2 --
2 The Sr. P.I. of police station – Santacruz is hereby
directed that, within two months from today he shall
submit his report.
Mumbai
Date : 06/02/2025.
SRD
Sd/-
Judicial Magistrate, (First Class),
71st Court, Bandra, Mumbai.
-- 2 of 2 --