Order 7

Order Details: Copy of Document.
Pdf Text: 8 C.C.No.231/SS/2020
CW-01 Exh.17
27. 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 : 31.01.2026 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
Cross examination of CW-01 Mr. Shreyans Gadia by advocate Mr.
Ashish Singh for accused after recalling witness :
28. It is true to say that complainant is Private Limited Company.
Complainant company came into existence in the year 2008 to 2010.
since inception of company myself and my wife Ashiwini Gadia were
the directors. I am not aware that I have not produced any document in
proceeding that I am one of the director of complainant company. It is
true to say that I have not produced any document showing that myself
and my wife are the directors of complainant company. I have produced
authority letter given by my wife. Now I am shown Authority Letter
dated 15.01.2020 Exh.19. It bears signature of my wife. Nitin Gadia is
my elder brother. He is not holding any post in complainant company. It
is not true to say that before 15.01.2020 no Meeting of Board of
Directors of complainant company was conducted. I will have to
consult my Chartered Accountant to answer whether no Board
Resolution was passed in meeting of Board of Directors. I am not aware
that Board Resolution Extract or Minutes of Meeting of said meeting I
have not filed in the proceeding. It is not true to say that I am deposing
false that meeting was conducted and Resolution was passed. It is not
true to say that I have no legal authority to represent complainant, file
complaint and depose on behalf of complainant. Approximate
consideration for purchasing flat in project Elanza was Rs.1.55 crores.
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9 C.C.No.231/SS/2020
CW-01 Exh.17
It is true to say that I have not produced any document to show how
much amount of money paid by me to the accused. It is true to say that
I have not produced any document to show by which mode of payment
I have paid the amount to the accused.
29. Now I am shown Allotment Letter dated 09.11.2012
produced at Exh.21. It is true to say that in Allotment Letter name of
Mr. Nitin Gadia is removed. I am not aware who has signed Allotment
Letter by the side of accused. I am not aware that Allotment Letter is
not signed by any of the accused Nos.2 to 4. It is true to say that I have
not produced any document to show that we have paid
Rs.1,59,00,727/- to the accused. It is not true to say that I am deposing
false that accused told me that he has already sold said flat to third
party. It is not true to say that before executing Cancellation Deed the
flat No.1103 was not sold to any third party. I recollect only name of
Assistant of mediator something Mr.D’cona. The name of Political
person involved in mediation was Mr. Krupashankar Singh and Mr.
D’cona was his assistant. I am aware contents of Deed of Cancellation
of Exh.22 came to be executed on 24.05.2019. It is true to say that I
have not produced original copy of Cancellation Deed of which photo
copy was produced at Exh.22. It is true to say that I have not produced
the three reminders issued to me for payment as mentioned in
Cancellation Deed Exh.22. It is true to say that accused have issued me
termination notice dated 24.10.2018 and termination letter dated
06.03.2019. It is true to say that we have not replied both letters in
writing to the accused. It is true to say that we were given 12 cheques
against settlement amount of Rs.2,10,00,000/- by the accused. It is true
to say that out of 12 cheques 9 cheques were cleared and 3 cheques
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10 C.C.No.231/SS/2020
CW-01 Exh.17
were dishonored.
30. I have instructed my advocate to send notice of demand after
dishonor of the cheques. It is true to say that accused have issued
notice reply dated 25.12.2019. It is true to say that out of
Rs.2,10,00,000/- I have received Rs.1,28,00,000/- from the accused. It
is true to say that out of the 12 cheques some cheques against which
accused have transferred payment to me by RTGS mode but said
cheques are still in my custody.
On oral request of the advocate for the accused cross
examination is deferred till next date.
R.O.A.C.
(M. P. Saraf)
Date : 31.01.2026 Judicial Magistrate(First Class),
58th Court, Bandra, Mumbai.
J.O.Code :MH01362
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 : 31.01.2026.
Typed on : 31.01.2026.
Evidence printed and Signed on : 31.01.2026.
Order Uploaded on : 31.01.2026.
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