7) Before going ahead I wanted to read part of para 4 & para 6 of the plaintiff. In para 4 it is pleaded that, “The defendant no.1 has purchased the rights , the title & interest of the said flat from the plaintiff after equiting satisfying himself about the clean, clear & marketable title of the suit property while complying all the modalities &^ issuing Public Notice in The Indian Express newspaper on 8/07/2007 & thereby called upon any sort of objections with respect to the transfer of the suit property. Pursuance to the said Public Notice one Mr.Govind Bhagchandani raised their objections in respect of the transfer of the suit property. Subsequently the defendants through their advocates need letter dt.-31/8/2007 called upon Mr.Govind Bhagchandani to substantiate their claims & produce the documents , if any, within three days from the receipt of the letter or otherwise the claim will be deemed to be relinquished “ & in para 6 it is pleaded that , “ The plaintiff submits that as per the condition of the Defendant the plaintiff obliged the defendant while obtaining the No Objection with respect to the said agreement executed by & between the plaintiff & the defendant & the copy of the said No Objection documents was furnished to the Defendants but again the Defendants with mollified intentions to usurp the money of the plaintiff & with the intent to cheat the plaintiff out of his own money has refused to pay their liability”. I referring to these two paras to clear the picture in front of the Hon’ble Court. The plaintiff has tried his best to prejudice the mind of Hon’ble Court as well as to mislead the Hon’ble Court& to create impression that the defendants are at fault & ha has done his part of contract. But actual fact s not the same as pleaded by the plaintiff .The plaintiff has to suppress the facts from this Hon’ble Court that plaintiff,prior to selling the suit property to the defendants, had received earnest money from Mr.Govind Bhagchandani for the sale of the said flat no.-2 & has also given consent in writing for the publication of the public notice . The copy of the said public notice, shown by the plaintiff to the defendants, was bearing the signature of Mr.Govind Bhagchandani.A copy of said notice is filed by defendant at serial no.__________ along with list Ex._________. Besides this the plaintiff has confirmed & acknowledged the fact the the earnest money has been received by him from Mr.Govind Bhagchandani . Hence the plaintiff had agreed to get the N.O.C from Mr.Govind Bhagchandani prior to demanding the balance amount consideration. Though it is stated by the plaintiff in affidavit that he has obtained the N.O.C Mr.Govind Bhagchandani. But not a single document supporting such pleading has been filed by the plaintiff till date. The plaintiff has failed to file crucial document upon which the whole suit is based .Hence it is clear that from all above facts that I have disclosed sufficient facts which will lead towards a substantial defence. Where there is need of taking evidence by this Hon’ble Court & without which the case cannot be effectively decided.
8) The plaintiff has made up a baseless case by blaming the defendants & suppressing the material facts from the Hon’ble Court. Hence the plaintiff has played fraud upon the Hon’ble Court & therefore the case of the plaintiff needs to be throwing out at threshold.
9) In view of all above mentioned facts, & taking a serious note of the fraud committed by the plaintiff upon the Hon’ble Court as well upon the Defendants. In addition to the plaintiff has not made compliance of the contractual obligation arising out of the need of Assignment till today . It is therefore , just expedient & necessary in the interest of justice that the present application for leave to defend should be granted unconditionally.
Pune
Date:
Advocate for Defendants
WHEREAS property that is land bearing gat no. 427 Hissa no 6 of village Mahalunga Taluka Khed District Pune, more particularly described in Schedule A hereunder written, was allotted by the Government to Smt. Krishnabai Vasantrao Naik by Order dtd 12-2-76 and accordingly her name was entered in the revenue records as owner and possessor.
AND WHEREAS, Smt. Krishnabai Vasantrao Naik assigned the Development rights in respect of the said land described in Schedule. A hereunder in favour of Sri. Balasaheb Shankarroa Kale and Sri. Kondiba Dhondiba Borade, by executing development agreement and Power of Attorney on 7-03-06, which is duly registered in the office of the sub- registrar khed, serial no 1566/06 and 1567/06.
AND WHEREAS, Sri. Balasaheb Shankarroa Kale and Sri. Kondiba Dhondiba Borade assigned the development rights in respect of the said property described in Schedule A hereunder, in favor of M/S Pradeep Associates by execusting development agreement and Power of Attorney on 7-3-06 which is duly registered in the office of the sub- registrar khed, serial no 1569/06 and 1570/06. In the said Development Agreement and Power of Attorney Smt. Krishnabai Vasantrao Naik has joined as consenting party.
AND WHEREAS, the land bearing ghat no. 427 Hissa No. 7 which is more particularly described in Schedule B hereunder written, were allotted by the Government to Smt. Sushilabai Ganpat Lokhande by Order dtd. 12-2-1976 and here name was entered on the 7/12 extract as owner.
AND WHEREAS Smt. Sushilabai Ganpat Lokhande sold the said property described in Schedule B to Sri. Ramnath Vishnu Waunge, Chandrashekhar Tukaram Bhosale, Sunil Ganesh Dhore, Rohidas Tukaram Gade by virtue of sale deed dtd. 5-5-2005 which is duly registered in the office of the sub- registrar khed, serial no 2124/05. Accordingly the Mutation Entry No. 2012 was effected in the revenue record.
AND WHEREAS Sri. Ramnath Vishnu Waunge, Chandrashekhar Tukaram Bhosale, Sunil Ganesh Dhore, Rohidas Tukaram Gade assigned the development rights described in Schedule B in favour of M/S Pradeep Associates by executing Development Agreement and Power of Attorney on 6-3-2006, which is duly registered in the office of the sub- registrar khed, at serial no 1571/06 and 1572/06,
AND WHEREAS M/S Pradeep Associates after having acquired right as interest in the said properties described in Schedule A and Schedule B entered into an agreement for Sale with the conforming party on 29-8-06. thereby, agreeing to sell the said property described in Schedule A and Schedule B the said agreement was executed by M/S Pradeep Associates in its own individual capacity as well as the Power of Attorney Holder as well as the previous owners.
AND WHEREAS the transactions of the said properties in favour of the confirming party as per the agreement dtd. 29-08-06 could not be materialized, therefore the confirming party filed the Special Civil Suit No. 2008/07 against M/S Pradeep Associates for specific performance and compensation.
AND WHEREAS M/S Pradeep Associates as well as the previous owner of the property described in Schedule A namely Smt. Krishnabai Vasantrao Naik with the consent of Balasaheb Shankarroa Kale and Sri. Kondiba Dhondiba Borade sold the said property described in Schedule A to the party of the second part by virtue of sale deed dtd. 23-7-07 which is duly registered in the office of the sub- registrar khed, serial no 6388/07.
AND WHEREAS M/S Pradeep Associates and the previous owners namely Sri. Ramnath Vishnu Waunge, Chandrashekhar Tukaram Bhosale, Sunil Ganesh Dhore, Rohidas Tukaram Gade sold the said property described in Schedule B to the party of the second part by virtue of sale- deed dtd. 23-7-07 which is duly registered in the office of the sub- registrar khed, serial no 6389/07.
AND WHEREAS the party of the second part have sold the properties described in Schedule A and Schedule B to M/S Leer Automotive Pvt. Ltd by virtue of two different sale- deeds dtd. 4-4-08 which is duly registered in the office of the sub- registrar khed, serial no 2712/08 and 2713/08 respectively.
AND WHEREAS the confirming party and the party of the first part have decided and have agreed to settle the issues between them amicably.
AND WHEREAS the party of the first part offered to pay the confirming party the sum of Rs. 1,20,00,000/- ( one crore twenty lakhs) which is inclusive of the amount paid under agreement dtd. 29-8-06 and the compensation/ expenses and the requested confirming party to confirm the sale deeds executed in favour of the party of the second part and in favour of Leer Automotive Pvt. Ltd and also to relinquish and give up all their claims and rights in respect of the said properties described in Schedule A and Schedule B.
AND WHEREAS the confirming party found the said offer to be reasonable and proper and hence accepted the said offer of the party of the second part and decided to execute the necessary documents for the confirmation of the sale – deeds.
AND WHEREAS the parties decided to reduce in writing the terms and conditions which are as under:-
Now Therefore, This Deed Witnesses As Follows:-
The consideration of Rs. 1,20,00,000/- ( one crore twenty lakhs) being paid by the party of the second part to the confirming party as per the details given in the Clause 2 of this Deed. The confirming party does hereby release, relinquish, abandon all its rights, interests and claims in and over the said properties described in Schedule A and Schedule B accrued by virtue of the agreement dtd. 29-08-06 and Memorandum Of Understanding dtd. 10-08-06, absolutely and forever without any reservation whatsoever. The Amount of Rs. 1,20,00,000/- ( one crore twenty lakhs) is inclusive of Rs. 86,00,001 paid by confirming party to M/S Pradeep Associates which ammount is hereby reimbursed by the party of the second part and the balance amount of Rs.__________/- is paid by the party of the second part by way of compensation/ premium.
Schedule of Payment.
The confirming party hereby confirms the sale – deed dtd. 23-7-07 in respect of said property described in Schedule A executed by Smt. Krishnabai Vasantrao Naik and Sri. Kondiba Dhondiba Borade and M/S Pradeep Associates in favour of party of the second part which is duly registered in the office of the sub- registrar khed, serial no 6388/07.
The confirming party hereby confirms the sale deed dtd. 23-7-07 in respect of the property describen in Schedule B executed by Sri. Ramnath Vishnu Waunge, Chandrashekhar Tukaram Bhosale, Sunil Ganesh Dhore, Rohidas Tukaram Gade and M/S Pradeep Associates in favour of party of the second part which is duly registered in the office of the sub- registrar khed, serial no 6389/07 .
The confirming party hereby confirms the sale – deed dtd 4-4-08 in respect of the property described in Schedule A executed by the party of the second part in favour of M/S Leer Automotive Pvt. Ltd which is duly registered in the office of the sub- registrar khed, serial no 2712/08.
The confirming party hereby confirms the sale – deed dtd 4-4-08 in respect of the property described in Schedule B executed by the party of the second part in favour of M/S Leer Automotive Pvt. Ltd which is duly registered in the office of the sub- registrar khed, serial no 2713/08.
The confirming party hereby covenants that the Memorandum Of Understanding dtd 10-08-06 and the agreement dtd 29-08-06 executed with M/S Pradeep Associates in its individual capacity and also its Power of Attorney Holder for the previous owners in respect if the properties described in Schedule A and Schedule B, is hereby cancelled / terminated / annulled and the same shall be acted upon.
The confirming party further covenants that they shall not have and shall never claim any right, interest and equitable rights in the said property described in Schedule A and Schedule B on the basis of or by virtue of the Memorandum of understanding dtd 10-08-06 and agreement dtd 29-08-06.
The confirming party hereby covenants that, they have relinquished, released, abandoned, given up their claim in respect of the suit property which is made by the way of Special Civil Suit No. 2008/07 file din the Civil Court Pune against the party of the second part as well as the previous owners.
The confirming party hereby undertakes to take necessary steps for the unconditional withdrawal of the said suit.
The confirming party further covenants that, it shall not file any suit, complaint or other proceeding in any court of law for any relief’s on the basis of M.O.U dtd. 10-08-06 and agreement dtd. 29-08-06 either against the party of the second part or M/S Leer Automotive Pvt. Ltd or any of the successors entitled to the said property.
The confirming party hereby covenants that, it has not entered into any transaction in respect of the said properties with any person whatsoever and has not created any charge, or encumbrances on the said properties on the basis of the M.O.U. dtd. 10-8-06 and agreement dtd. 29-08-06.
The confirming party indemnifies and shall keep indemnified the party of the second part as well as M/S Leer Automotive Pvt. Ltd or any of the successors entitled to the said properties against any loss suffered due to any claim made by any party claiming to have entered into any transaction with the confirming party in respect of the said properties.
The confirming party hereby covenants that, it shall not __________________________complete from 6___________________
The confirming party hereby covenants that, it shall not call in, question or challenge on any grounds whatsoever the various permissions, sanctions issued by any Government authority in respect of the said properties described in Schedule A and Schedule B in any manner whatsoever.
visar pavati
civil judge senior division pune
law visar pawati
annuj goel goel ganga development
court of civil judge , pune
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in the court of civil judge, senior division, pune at pune.
is visar pavati legal document
judgement of jmfc court pune in september
khushroo khobyar mumbai
sample for visar pavati
savita ingawale,pune
taba pavti
vilas nandgude patil signature
case on savita ingawale,pune
visar pavati validity
(not provided)
visar pavati
"after the terms and conditions to be"
builder visar pavati
civil judge senior division pune
deed of assignment by way of deed of gift
for property
deed of declaration
deed of gift of immovable property
e-13, konark pooram, 4th floor, kondhwa,
pune contact number
format of deed of gift of immovable
property
haidermota pune
how to draft visar pavati for flat
i want to sell a land in yewalewadi
is there any case of ulc against goel
ganga group
nandgude patil cheater
petition in the court of senior civil judge for
+ declaration of legal heirs
pune civil court senior division
rajendra shitole mob no nandgude patil
foundation’s schools.
sale of agricultural land sathekhat & power
of attorney validity
sr no. 25/2a/1 pimple gurav area
government valuation
vaisaar pavati
vilas nandgude patil+consumer court
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visar pavti status after due date
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pansare land
8) The plaintiff has made up a baseless case by blaming the defendants & suppressing the material facts from the Hon’ble Court. Hence the plaintiff has played fraud upon the Hon’ble Court & therefore the case of the plaintiff needs to be throwing out at threshold.
9) In view of all above mentioned facts, & taking a serious note of the fraud committed by the plaintiff upon the Hon’ble Court as well upon the Defendants. In addition to the plaintiff has not made compliance of the contractual obligation arising out of the need of Assignment till today . It is therefore , just expedient & necessary in the interest of justice that the present application for leave to defend should be granted unconditionally.
Pune
Date:
Advocate for Defendants
WHEREAS property that is land bearing gat no. 427 Hissa no 6 of village Mahalunga Taluka Khed District Pune, more particularly described in Schedule A hereunder written, was allotted by the Government to Smt. Krishnabai Vasantrao Naik by Order dtd 12-2-76 and accordingly her name was entered in the revenue records as owner and possessor.
AND WHEREAS, Smt. Krishnabai Vasantrao Naik assigned the Development rights in respect of the said land described in Schedule. A hereunder in favour of Sri. Balasaheb Shankarroa Kale and Sri. Kondiba Dhondiba Borade, by executing development agreement and Power of Attorney on 7-03-06, which is duly registered in the office of the sub- registrar khed, serial no 1566/06 and 1567/06.
AND WHEREAS, Sri. Balasaheb Shankarroa Kale and Sri. Kondiba Dhondiba Borade assigned the development rights in respect of the said property described in Schedule A hereunder, in favor of M/S Pradeep Associates by execusting development agreement and Power of Attorney on 7-3-06 which is duly registered in the office of the sub- registrar khed, serial no 1569/06 and 1570/06. In the said Development Agreement and Power of Attorney Smt. Krishnabai Vasantrao Naik has joined as consenting party.
AND WHEREAS, the land bearing ghat no. 427 Hissa No. 7 which is more particularly described in Schedule B hereunder written, were allotted by the Government to Smt. Sushilabai Ganpat Lokhande by Order dtd. 12-2-1976 and here name was entered on the 7/12 extract as owner.
AND WHEREAS Smt. Sushilabai Ganpat Lokhande sold the said property described in Schedule B to Sri. Ramnath Vishnu Waunge, Chandrashekhar Tukaram Bhosale, Sunil Ganesh Dhore, Rohidas Tukaram Gade by virtue of sale deed dtd. 5-5-2005 which is duly registered in the office of the sub- registrar khed, serial no 2124/05. Accordingly the Mutation Entry No. 2012 was effected in the revenue record.
AND WHEREAS Sri. Ramnath Vishnu Waunge, Chandrashekhar Tukaram Bhosale, Sunil Ganesh Dhore, Rohidas Tukaram Gade assigned the development rights described in Schedule B in favour of M/S Pradeep Associates by executing Development Agreement and Power of Attorney on 6-3-2006, which is duly registered in the office of the sub- registrar khed, at serial no 1571/06 and 1572/06,
AND WHEREAS M/S Pradeep Associates after having acquired right as interest in the said properties described in Schedule A and Schedule B entered into an agreement for Sale with the conforming party on 29-8-06. thereby, agreeing to sell the said property described in Schedule A and Schedule B the said agreement was executed by M/S Pradeep Associates in its own individual capacity as well as the Power of Attorney Holder as well as the previous owners.
AND WHEREAS the transactions of the said properties in favour of the confirming party as per the agreement dtd. 29-08-06 could not be materialized, therefore the confirming party filed the Special Civil Suit No. 2008/07 against M/S Pradeep Associates for specific performance and compensation.
AND WHEREAS M/S Pradeep Associates as well as the previous owner of the property described in Schedule A namely Smt. Krishnabai Vasantrao Naik with the consent of Balasaheb Shankarroa Kale and Sri. Kondiba Dhondiba Borade sold the said property described in Schedule A to the party of the second part by virtue of sale deed dtd. 23-7-07 which is duly registered in the office of the sub- registrar khed, serial no 6388/07.
AND WHEREAS M/S Pradeep Associates and the previous owners namely Sri. Ramnath Vishnu Waunge, Chandrashekhar Tukaram Bhosale, Sunil Ganesh Dhore, Rohidas Tukaram Gade sold the said property described in Schedule B to the party of the second part by virtue of sale- deed dtd. 23-7-07 which is duly registered in the office of the sub- registrar khed, serial no 6389/07.
AND WHEREAS the party of the second part have sold the properties described in Schedule A and Schedule B to M/S Leer Automotive Pvt. Ltd by virtue of two different sale- deeds dtd. 4-4-08 which is duly registered in the office of the sub- registrar khed, serial no 2712/08 and 2713/08 respectively.
AND WHEREAS the confirming party and the party of the first part have decided and have agreed to settle the issues between them amicably.
AND WHEREAS the party of the first part offered to pay the confirming party the sum of Rs. 1,20,00,000/- ( one crore twenty lakhs) which is inclusive of the amount paid under agreement dtd. 29-8-06 and the compensation/ expenses and the requested confirming party to confirm the sale deeds executed in favour of the party of the second part and in favour of Leer Automotive Pvt. Ltd and also to relinquish and give up all their claims and rights in respect of the said properties described in Schedule A and Schedule B.
AND WHEREAS the confirming party found the said offer to be reasonable and proper and hence accepted the said offer of the party of the second part and decided to execute the necessary documents for the confirmation of the sale – deeds.
AND WHEREAS the parties decided to reduce in writing the terms and conditions which are as under:-
Now Therefore, This Deed Witnesses As Follows:-
The consideration of Rs. 1,20,00,000/- ( one crore twenty lakhs) being paid by the party of the second part to the confirming party as per the details given in the Clause 2 of this Deed. The confirming party does hereby release, relinquish, abandon all its rights, interests and claims in and over the said properties described in Schedule A and Schedule B accrued by virtue of the agreement dtd. 29-08-06 and Memorandum Of Understanding dtd. 10-08-06, absolutely and forever without any reservation whatsoever. The Amount of Rs. 1,20,00,000/- ( one crore twenty lakhs) is inclusive of Rs. 86,00,001 paid by confirming party to M/S Pradeep Associates which ammount is hereby reimbursed by the party of the second part and the balance amount of Rs.__________/- is paid by the party of the second part by way of compensation/ premium.
Schedule of Payment.
The confirming party hereby confirms the sale – deed dtd. 23-7-07 in respect of said property described in Schedule A executed by Smt. Krishnabai Vasantrao Naik and Sri. Kondiba Dhondiba Borade and M/S Pradeep Associates in favour of party of the second part which is duly registered in the office of the sub- registrar khed, serial no 6388/07.
The confirming party hereby confirms the sale deed dtd. 23-7-07 in respect of the property describen in Schedule B executed by Sri. Ramnath Vishnu Waunge, Chandrashekhar Tukaram Bhosale, Sunil Ganesh Dhore, Rohidas Tukaram Gade and M/S Pradeep Associates in favour of party of the second part which is duly registered in the office of the sub- registrar khed, serial no 6389/07 .
The confirming party hereby confirms the sale – deed dtd 4-4-08 in respect of the property described in Schedule A executed by the party of the second part in favour of M/S Leer Automotive Pvt. Ltd which is duly registered in the office of the sub- registrar khed, serial no 2712/08.
The confirming party hereby confirms the sale – deed dtd 4-4-08 in respect of the property described in Schedule B executed by the party of the second part in favour of M/S Leer Automotive Pvt. Ltd which is duly registered in the office of the sub- registrar khed, serial no 2713/08.
The confirming party hereby covenants that the Memorandum Of Understanding dtd 10-08-06 and the agreement dtd 29-08-06 executed with M/S Pradeep Associates in its individual capacity and also its Power of Attorney Holder for the previous owners in respect if the properties described in Schedule A and Schedule B, is hereby cancelled / terminated / annulled and the same shall be acted upon.
The confirming party further covenants that they shall not have and shall never claim any right, interest and equitable rights in the said property described in Schedule A and Schedule B on the basis of or by virtue of the Memorandum of understanding dtd 10-08-06 and agreement dtd 29-08-06.
The confirming party hereby covenants that, they have relinquished, released, abandoned, given up their claim in respect of the suit property which is made by the way of Special Civil Suit No. 2008/07 file din the Civil Court Pune against the party of the second part as well as the previous owners.
The confirming party hereby undertakes to take necessary steps for the unconditional withdrawal of the said suit.
The confirming party further covenants that, it shall not file any suit, complaint or other proceeding in any court of law for any relief’s on the basis of M.O.U dtd. 10-08-06 and agreement dtd. 29-08-06 either against the party of the second part or M/S Leer Automotive Pvt. Ltd or any of the successors entitled to the said property.
The confirming party hereby covenants that, it has not entered into any transaction in respect of the said properties with any person whatsoever and has not created any charge, or encumbrances on the said properties on the basis of the M.O.U. dtd. 10-8-06 and agreement dtd. 29-08-06.
The confirming party indemnifies and shall keep indemnified the party of the second part as well as M/S Leer Automotive Pvt. Ltd or any of the successors entitled to the said properties against any loss suffered due to any claim made by any party claiming to have entered into any transaction with the confirming party in respect of the said properties.
The confirming party hereby covenants that, it shall not __________________________complete from 6___________________
The confirming party hereby covenants that, it shall not call in, question or challenge on any grounds whatsoever the various permissions, sanctions issued by any Government authority in respect of the said properties described in Schedule A and Schedule B in any manner whatsoever.
visar pavati
civil judge senior division pune
law visar pawati
annuj goel goel ganga development
court of civil judge , pune
court of civil judge senior division
in the court of civil judge, senior division, pune at pune.
is visar pavati legal document
judgement of jmfc court pune in september
khushroo khobyar mumbai
sample for visar pavati
savita ingawale,pune
taba pavti
vilas nandgude patil signature
case on savita ingawale,pune
visar pavati validity
(not provided)
visar pavati
"after the terms and conditions to be"
builder visar pavati
civil judge senior division pune
deed of assignment by way of deed of gift
for property
deed of declaration
deed of gift of immovable property
e-13, konark pooram, 4th floor, kondhwa,
pune contact number
format of deed of gift of immovable
property
haidermota pune
how to draft visar pavati for flat
i want to sell a land in yewalewadi
is there any case of ulc against goel
ganga group
nandgude patil cheater
petition in the court of senior civil judge for
+ declaration of legal heirs
pune civil court senior division
rajendra shitole mob no nandgude patil
foundation’s schools.
sale of agricultural land sathekhat & power
of attorney validity
sr no. 25/2a/1 pimple gurav area
government valuation
vaisaar pavati
vilas nandgude patil+consumer court
visaar pawati marathi
visar pavati
visar pavati in marathi
visar pavati+indian contract act
visar pavti status after due date
visar pawati
visar pawati format for puchasing home
visarpavati
what is visar pavati
indian contract act+visar pavati for sale
meaning and legal status of visar pavati
vaisaar pavati means
visarpavati marathi draft
yewalewadi shamsuddin azimuddin
pansare land
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