ASSISTANT REGISTRAR

IN THE COURT OF C.J.S.D PUNE AT PUNE
R.C.S.NO. 297/86


Iqubal Azimuddin Pansare
and Others … PlaintiffS

V/S

Mohammad Azimaddin Pansare
and Others … Defendants



Written Statement on behalf of the added defendants i.e. defendants Mr. Arun Madhukar Pradhan, Mr. Sham Bhagirath Maheshwari, Col. Anant Narayan Ganapati and Mrs. Usha Anant Ganpati is as follows :


At the outset, the suit is not maintainable and deserves to be dismissed on that count alone. As there is no cause of action to file the present suit, it deserves to be dismissed as per O.7 Rule 11 of Civil Procedure Code as well as the suit is also hit by the provisions of 0.2 Rule 2 of Civil Procedure Code as the relief’s which are claimed are not adequate. It has come on the record that the suit property has been purchased by the third party i.e. by the added defendant’s way back in 1989, however, plaintiffs failed to incorporate the subsequent events which took place in 1989 after filing of the suit.

It is submitted by the third parties that the suit property i.e. the S.No. 58/10 new No. 29/10 total admeasuring 90 Ares at Khondhwa Budruk, Subsequently, revenue No. 29/10 Yewalewadi has been purchased by registered Sale Deed as per the details given below.:

40 Ares piece of land purchased by col. Anant Narayan Ganpati and Usha Anant Ganpati by registered Sale Deed dtd. 24/04/89 Reg.No. 6516/89 registered in the office of Sub-Registrar Haveli No.2

Remaining 50 Ares was purchased by Arun Madhukar Pradhan and Shamlal Bhagirath Maheshwari by registered Sale Deed No. 6517/89 registered in the office of Sub-Registrar Haveli No.2.

Out of the 50 Ares of the land purchased by Mr.Arun Madhukar Pradhan and Mr.Shamlal Bhagirath Maheshwari, they have sold out 20 Gunthas of the land to Puja Laxmi Ganpati through Gardian Dr. Anant Narayan Ganpati by registered Sale Deed. Thus Mr.Arun Madhukar Pradhan and Mr.Shamlal Bhagirath Maheshwari are holding 30 Ares of land out of 29/10 Yewalewadi and remaining 60 Are land is owned by Col. Anant Narayan Ganpati and Mrs. Usha Anant Ganpati
Under the circumstances, so for the property bearing No. 58/10 new No. 29/10 Yewalewadi is concerned the suit deserves to be dismissed.

The Defendants submits that the Sale Deeds executed in favour of the Defendants are legal,valid and subsisting and have not been challenged by the plaintiff or any body claiming through them,and therefore, plaintiffs cannot seek any relief in respect of S. No. 29/10 so far other properties which are mentioned in Para 1 of the suit have no concern of whatsoever nature.

The property mentioned in the Para 1 is not true and correct and it is not admitted by these Defendants. The suit is hit by the provision of o.7.Rule3 of Civil Procedure Code as because the property is not described sufficiently to identify it and no boundaries of the suit property are given, therefore, the suit is liable to be dismissed on that count alone.
The family tree which is given in the para 1 is not true and correct, and therefore, the plaintiff be put to the strict proof of the same. It is not correct and hence not admitted about the members of the family and also legal heirs of the deceased. At the time of the purchase of the land these defendants verified the persons who are holding the land, and also at that relevant time the power of attorney which was executed by Shamsuddin Azimuddin Pansare and others on the basis of which the Sale Deed has been executed in favour of these Defendants.

5) The contents of Para 2 of the plaint is not true and correct, infact, Defendant No.2 was the manager and Karta who have executed the Power Of Attorney, and thereby authorized the Power of holder to sell the land, thus, the Sale Deed which has been executed by Defendants through Power Of Attorney holder in 1989 is perfectly legal, valid and subsisting. Defendant No. 2 and 3 along with the mother of the Defendant No. 2 have executed the Power Of Attorney on 20th October 1985 in favour Muneer Guni Shaikh in respect of S.No. 58/10 thereby authorizing Muneer Guni Shaikh to deal with the property. The said Power Of Attorney has been executed and registered in the office of Sub-Registrar Haveli No.2 on 31/10/1985 at Sr. No. 451/1985. On the same day Shamsuddin Surfaddin and smt Madina Begam have executed the receipt thereby admitting that they have received amount of Rs. 1,00,000/-. At the same time Jaitunbi Razaq Moolani and Khairanbi A. Allauddin have also executed the Power of Attorney in respect of the suit land on 31/10/85 which is also registered in the office of sub-register Haveli No.2,therefore, the properties which have already sold, no partition can be asked for by the plaintiffs.

6) The contents made in Para 2 of the plaint have became redundant as because the Properties are sold and suit has become infructuos .

7) The contents Para 3 of the plaint are not true and correct, and therefore, not admitted by these Defendants as Defendants are not aware as to whether any of the Defendants offered any amount to the Plaintiff, in fact, on the 7/12 extract of S.No. 58/10 new No. 29/10 the name of Shamsuddin Azimuddin Panasare was recorded as a Manager of undivided family and thereafter along with other co-sharers he has executed Power Of Attorney to sell the land, and thereafter, S.No. 58/10 has been sold out to the present Defendants.

8) The contents of Para 3(a) of the plaint are not true and correct. This Defendant is not aware about any transfer made by the Defendant in respect of S.No 61/17 by the sale Deeds, and also, any transfer is made in 1985 or 1986. This Defendant is also not aware about any injunction order about S.No. 61/17. It is true that, the defendants executed Power Of Attorney in favour of Muneer Guni Shaikh on the basis of which the Defendants have purchased property bearing S.No. 58/10.

9) The contents of Para 4 of the Plaint is not true and correct. This Defendants are not aware about any such public notice.As the plaintiff have no right in the property the transfers made by Defendant No. 2 is legal and valid.

10) The contents of Para 5 and Para 6 are not true and correct. There is absolutely no cause of action to file the present suit. These Defendants are also not aware about any transfers of S.No.61/17.

11) In Para 6 it has been mentioned that when Defendant No. 9 filed suit No. 1073/2000 i.e. the time when the cause of actions has arisen to file the present suit. It is surprising to know that the suit is filed in 1986 and the cause of action is arising of the knowledge in respect of suit 1073/2000. The suit is hit by the provisions of o.7 Rule 11 Civil Procedure Code as because there is no cause of actions to file the present suit.

The contents of para 7 are not true and correct and hence, not admitted by these Defendants. The averments made in para 7 are very confusing and it is not clear as to what plaintiff wanted to inform to this Hon’ble Court. Unless the Para 7 is corrected reply cannot be filed.

It is stated contents of Para 8 are not true and correct,and therefore, the valuation of the suit is not correctly mentioned and unless the proper court Fee stamp is paid the suit is not maintainable.

14) In view of the above and as per the provisions of the law the suit has become infructious and the reliefs which have been claimed can not be granted, therefore, the suit deserves to be dismissed with costs and therefore it be dismissed by awarding heavy compensation to these Defendants.



Pune

Date :28/11/2007 Defendants




Adv. For the defendants




Verification

I, Mrs. Usha A. Ganpati, wife of Col. Anant Narayan Ganpati the added defendant do hereby state on solemn affirmation that whatever stated in Written Statement is true and correct to the best of knowledge,information,belief and faith and that I have signed the same today



Pune

Date : 28/11/2007 Defendants


BEFORE ASSISTANT REGISTRAR CO-OP SOCIETY
PUNE AT PUNE

RECOVERY APPLICATION NO. 162/07


Chaitraban Residency “D” Building
Co-operative Housing Society Ltd.
A Co-operative Society Registered under
The Provisions of the Maharashtra
Co-operative Societies Act, 1960
Having its officeat
Survey No. 127/2, Aundh, Pune- 411007
Off ITI Road, through its Secretary
Mr. R.D. Choudhari, Age : Adult,
Occupation : Retired, residing at, Flat No. D-17,
Chaitraban Residency “D” Building,
Survey No. 127/2. Aundh, Pune – 411007
…. Applicant

Versus


Mrs. Bharati K. Goswami,
Age. : Adult, Occupation : Housewife,
Member of Flat D-8, Chaitraban
Residency “D” Building Survey No. 127/2,
Off ITI Road, Aundh, Pune – 411 007
Residing at: 75 THE WOLDS COTTNGHAM,
North, Humber Side, HU 16, SLQ,
United Kingdom (U.K.)
…. Opponant


Application on behalf of opponent is a follows :

In the present matter the opponent had received the notice and appeared on 17/1/08. On 17/1/08 the applicant provided the copies of the application and the document filled along with the application.

In respect of the matter in dispute there had been continuous correspondence between applicant and opponent. Which is quite large in number.

Moreover in the past the applicant Society had given one statement which is apparently different from the statement filed by the applicant along with this application.

There are serious discrepancies in the accounting practice and the method of calculation which goes to root of the matter. There fore the opponent has approach as expend in the field of Co Operative account. Considering the time period of the dispute (1999 to 2007) and the complexity of the matter, it will take sometime to get the information from the accountant and – the bulk of correspondent and thereafter prepare the detailed reply to the application.

In the light of above reference circumstance. It is rayed that 3 week’s time may kindly be granted to file the reply on behalf of this opponent.


Pune
Date :





To,
Aditya Birla Retail Ltd.
Siroya Center,
Next to Le Meridien Hotel,
Sahar Airport Road, Andheri (East)
Mumbai – 400 099

Under instructions and on behalf of my clients M/s Sidhivinayak Kohinoor Associates through panners Mr. Krishnkumar K. Goyal, Mr. Vinit Goyal, A – 102 ICC Trade Tower, S.B. Road, Pune – 16 I have to address you as under

1) My clients are doing the business of development of properties and construction of various types of buildings in an around of Pune. My clients are doing the said business for the past many years and are well claimed builder and have a very good reputation amongst the customers and the builder fraternity.

2) My clients a constructed the scheme by name Jai Ganesh Viwion, At Akurdi. The said scheme is a very unique and famous commercial complex in the city. The said scheme consists of various shops, offices, showrooms and malls including a multiplex area and exclusive shopping mall for woman entrepreneurs which is one of its kind in the city of Pune.

3) The Multiplex cinema complex in the scheme of jai Ganesh Vision consist of 2 cinema Halls and commercial space for running shops/ Restaturant.

4) My client states that in the commercial portion of the Multiplex cinema complex of Jai Ganesh Vision my clients started the business of fast food Restraint (food court) on the ground floor. For the purpose of running of business of food court. My client has carried out a lot of civil work in the said building, suitable for running the Restarunt (food Court). Besides the civil work my client had also got the said area furnished for running Restaurant(food Court) with the help of Furniture, fixtures and fetings. My client had spent huge some of money for carrying out the civil work as well as for furnishing the said area mentioned above.

5) My clients states that my client had also installed lot of machinery and equipments required for the Restaurant (food Court)

6) My clients states that they had employed many people (Skilled as wel as unskilled), for running the said Restaurant (food court).

7) My clients states that since the business of Restaurant (food court)was run by my client in the multiples portion, the said business was a very lucrative business as the huge hombre customers were coming to the multiplex cinema Hall daily who were also the customers visiting the Restaurant (food court)run by my client in the multiplex portion. My clients were earning hugh profit out of the business of Restaurant (food court).

8) My client states that the Kohinoor group has been associated with you for the past many years as a dealer of your product hamely Birla Cement. During all these years my client has developed a very good and cordial relationship with you.

9) My clients states that you are also doing the business of retail sale of consumer goods for which you have established various center all over India.

10) My clients states that you were interested in extending your business of Retail shop in the area of Pimpri – Chinchwad and for that purpose you were looking for suitable constructed space for establishing your retail shop.

11) My client states that you got the knowledge about the said commercial scheme of Jai Ganesh Vision constructed by my client and your representatives visited the said scheme. After looking at the various commercial spaces in the said scheme, you found that the commercial portion of the multiplex Cinema Complex, where my client was running the Restaurant most suitable for your business of Retail ship. At that time you had seen that my client is running the business of Restaurant (food court)in the commercial portion of the multiplex complex.

12) My clients states that in this background you approached my clients in the month of February 2007 or thereabout and requested my client to give on rent the ground floor of the commercial portion of the multiplex complex in the scheme Jai Ganesh Vision hereafter referred as said primates for your business of Retail shop.

13) My clients states that thereafter negotiations took place between my client and your representative in respect of renting out of the said premises and you sent the letter
of intent on 21/2/07, mentioning therein the terms of the transactions offered by you.

14) My clients states that as stated earlier they were running the business of Restaurant (food court)in the said premises. Which was very lucrative business from which my clients were getting heavy profits. However considering the close relationship between you and my client, my client agreed to give to you the said premises on rent.

15) As per the letter of intent dt. 21/2/07 given by you, you wanted to occupy the said premises by 15/3/2007. Therefore simultaneously, while giving the letter of intent your representative visited the said premises and suggested to carry out certain modifications in the said premises to suit your needs as, at that time my client was running the business of Restaurant in the said premises. My clients states that the modifications suggested by your representative including removal of furniture and fixtures as well as substantial civil work the nature of removal of punition walls ete.

16) My clients states that you were aware of the fact that for giving the said premises on rent to you my client would be required to totally stop and shut down the business of Restaurant (food court)being run by them. You are also aware of that by making the modifications suggested by you which wore of permanent nature, the said premises would become totally unsuitable for the purpose of running the business of pestanent.

17) My Clients state that your representative assured and promised my client that you will be definitely taking the said premises on rent and that you want to occupy the said premises by 15/3/07 and therefore, you requested my client to carry out the modification, changes, alteration in the said premises immediately so that you can occupy the premises from 15/3/07 .

18) My client states that considering the long relationship with you my client believed and relied upon the promises and assurances given by you, and therefore my client stated the work of modification alteration, changes in the said premise of suggested by your representative and completed the said work and informed you through E-mail accordingly and also requested you to enter into the formal agreement and also to occupy the said premises. Thus my client had complied with your request by reeling upon your promises to take the premises on rent. My clients further stake that for carrying out the modification after other changes in the said premise my client has spent a sum of Rs. 25,00,000/- besides this amount my client was also required to stop the business of food court which was yielding a sum of Rs.------------- per month.

19) My client states that my client had time to time informed you about the Development/ Progress in the work of modification, alteration, changes in the said premises which were completed by 12/3/07. There after my client had informed and called upon you to enter into the format agreement and occupy the said premises. However, to the great surprise to my client you did not give any response to my client. On 20/3/07 when my client approached you through your president Mr. Prakash Menon, he arbitrary informed my client that you are not interested to taking the said premise on rent which was great surprising and shock to my client.

20) My client states that they followed up the matter with almost all your officer and directors. However none of them paid any need to my client you were neither ready to take the said premise to rent nor agreeing to compensate my client for the huge loser suffered and expenditure incurred by my client. Instead you started demanding from my client the security deposit given by you.

21) My client states that reling upon the promises given by you my client has incurred expenditure to the tune of Rs. 25,00,000/- for carrying out the modification charges, alteration in the said premises. Besides this my client was required to permanently stop the running business of restaurant and food court from which my clients were getting net profit of Rs. ------------ per month, which world have been other wise remained in operation for years to come. Thus due to a non-performance of the agreement form you’re my client has suffered the loss to the tune suffered the loss to the tune of Rs. ------------- for which your solely responsible. Beside this you are also liable to pay damages to my client to the ture of Rs. --------- for the mental agony and suffering caused to my client. You are for ther liable to compensate my client to the tune of Rs.------------ for the loss of income caused due to permanent closure of the business of restraint “Food Court” my client states that after adjusting the amount of Rs. 4,56,575/- which was given by you as security deposite along with the letter of Intent dt. 21/2/07 you are liable to pay to my client the sum of Rs. ---------------- You are hereby to called upon to pay the sum of Rs.--------- to my client with in 15 day from the date of receipt of this notice failing which my client shall be constrained take strict legal action against you. In that event you shall be solely responsible for the cost and consequence of such legal proceeding, including Rs. 5,000/- being the charges of present notice which are kept on you which please note.

Thanking You,







MEMORANDOM OR UNDERSTANTING

This Memorandum of Understanding is made and executed at Pune on this ---------- day of March 2008

ADIPA a Registered partnership firm (A division of Blue chip) Enterprises, having its office at 1/23 Laxminarayan Park, Koregaon Rd. Pune-1 through its partner. Mr. Aditya K. Zhunjhunwala. Hereinafter referred to s ADIPA/manufacturer/ which expression shall unless repugnant to the context or meaning thereof be deemed to mean? Include all the partners, heirs executors? assigns.

PARTY OF THE FIRST PART

AND

Nilkamal a company registered under the companies Act. 1946, having registered office at -------- thudding its authorised signatory Nr.-----------------
Hereinafter referred to as Nilkamal / Dealer / which expression shall unless repugnant to the ----- or meaning thereof be deemed to mean ? include ---- executors administrators, liquidators sassing.

PARTY OF THE FIRST PART


WHEREAS ‘ADIPA’ is doing the business of manufacturing trading of merchandise / goods, more particularly described in schedule I hereunder written under the brand name ADIPA.

AND WHEREAS Nilkamal Ltd is engaged in the business of operating and ramming of retail stores in Zudia under the brand name a) ‘Home’ wherein it carries out retail sale of hurniture, accessories ---- shings household? Decorative items etc.

AND WHEREAS Nilkamal Ltd. has opened shopping stores at various locations by name ‘@ Home’ and praposes to open new stores at various locations. Detailed list of the existing and proposed locations is given in schedule II written .

AND WHEREAS Nilkamal Ltd. is selling various household items required for furnishin, and decorating house and the product manufactured by ‘ADIPA’as detailed in schedule-I hereunder written come under the said category product being sold by Nilkamal Ltd.

AND WHEREAS Nilkamal Ltd. was interested in selling the products manufactured by ‘ADIPA’ at it’s stores by name’@ Home’ so also ‘ADIPA’ was interested in selling it’s products through Nilkamal Ltd. at it’s stores by name ‘@ Home’

AND WHEREAS negotiations took place between the parties aned Nilkamal Ltd. has agreed to purchase from ‘ADIPA’ and ‘ADIPA’ has agreed to sell to Nilkamal Ltd. the products manufactured by ‘ADIPA’ as detailed in schedule hereunder written on the terms and conditions hereunder mentioned.



NOW THIS DEED MOU WITNESSES AS FOLLOWS :

1) ADIPA shall sell to Nilkamal Ltd. and Nilkamal Ltd. shall purchase from ADIPA on sell or return basis the Merchandises / goods described in schedule –I hereunder written for which ADIPA shall be giving to Nilkamal Ltd. a trade margin discount on the minimum retail price which shall be fixed by ADIPA.

2) The goods/ merchandises manufactured by ‘ADIPA’ shall be dispatched from ADIPA’S PREMISES TO Nilkamal Ltd. and will be delivered at ------------------ which shall be termed as Delivery centre.

3) Nilkamal Ltd. Shall sell the goods/ merchandise so delivered at ‘Delivery Center’ manufactured by ADIPA, at the varius shipping store presently open and proposed to open, as described in schedule- II hereunder written. As well as those shares which will be opened by Nilkaml in future and which are not specifically mentioned in schedule II.

4) Nilkamal Ltd. shall maintain the record of merchandise goods received from ‘ADIPA’ and the goods which are sold and unsold and shall furnish the copies of such record to ‘ADIPA’ in the format prescribed by ‘ADIPA’ by the 10th day of each month in respect of the transaction of goods taken forth for the previous calendar month.

5) Nilkamal Ltd. shall remit payment to ‘ADIPA’ on or before 10th day of each calendar month, the price of the goods / merchandise sold at it’s stores during the previous calendar month after deducting the trade margin discount of 25% and the credit notes if any issued by ‘ADIPA’

6) Nilkamal Ltd. shall sell the merchandise strictly at the sell price/M.R.P recommended by ‘ADIPA’ and the Barcode tage/labels fixed on the merchandise / goods by Nilkamal Ltd. shall reflect the same ‘ADIPA’ reserves the right to make the final decision regarding sell price. However the views of the Nilkamal Ltd. in respect of local market conditions will be given due consideration while fixing the price.

7) Vat and Taxes

8) The cost of transportation and the transit insurance in respect of the goods sent by ‘ ADIPA’ to delivery centre of Nilkamal Ltd. shall be born by ‘ ADIPA’. The transportation insurance and other incidental expenses for moving the goods from delivery centre to different stores at the locations mentioned in schedule – II and the future locations shall be born by Nilkamal.

9) Nilkamal Ltd. shall return the goods/ merchandise which remain unsold for 3 months from the date of its delivery at the delivery centre. Nilkamal Ltd. shall return the goods and ensure the delivery of such return goods at ‘ADIPA’ s premises with in 15 days from the expiry of 3 months period and in the samd condition in which they were delivered at the delivery centre of Nilkamal. On receipt of such returned goods / merchandise, ‘ADIPA’ shall issue a aridity note to Nilkamal Ltd. The fright cost and toes or duties livable such refused.

10)Goods are sold and in that event NIlkamal shall be liable to remit the price of all such goods to ‘ADIPA’ goods shall be borne by Nilkamal. In case the unsold goods are not returned within stipulated period then it shall be presumed that all such.

11) In case of filature by Nilkamal Ltd. to pay the amount on due date ‘ADIPA’ shall be entitled to charge interest @ 12% per annum on the outstanding amount for the delayobed period.


16) Both parties shall jointly review the sales performance of the mem-------------- and shall reconcile the statement of accounts prepared by the parties, onceineach quarter.

17) Duration :
This Memorandum of Understanding shall subsist remain valid up to 31st March 2011, unless terminated before the expiry of the said period in the manner provided herein. The parties by mutual agreement may renew/extend the period of this Memorandum of Understanding.

18) other rights and obligation

19) Delivery, insurance defendant ---
e) It is specifically agreed that on receipt of confirmed purchase order (in writing on through E-mail) from Nilkamal for made to order” items ADIPA shall manufacture and dispatch the same to the respective stores (from where the order is received) within two weeks. Such items which are made to order shall not be on sale or return basis. Made to order items once manufactured and delivered shall be treated as sold and Nilkamal Ltd. Shall remit the price of such items within the stipulated time. No credit note will be issued for unsold made to order items.

20) 6) Advertising and Business promotion (cd)
50 (ab)

21) Confidentiality and exclusivity ---
a) It is expressly understood by the portion that the brand home / label “ADIPA” is exclusively owned by the party of the First Part and the brand name “Nilkamal” and @ Home and the brands/labels owned by the party of the Second part. None of the parties shall infringe. Misuse the brand names owned by the other party.

22) Nilkamal Ltd. agrees and confirms that it/its employees/affiliates or any person claiming under them have no right on interest whatsoever over the various brand names and 10998 used by ADIPA Nilkamal Ltd. further covenants that during the period of present Memorandum of Understanding and even after its termination, shall not misuse the brand name of ADIPA or the designs of merchandise manufactured by ADIPA on the designs of merchandise manufactured by ADIPA which shall always remain the copyright of ADIPA Nilkamal Ltd. shall not question or dispute ADIPA’S owners ship of Intellectual Property rights in relation to the merchandise inchding all design of its products, logos, trademarks brandames, promoti------ materials and catalogues.

23) ADIPA covenants that the merchandise manufactured by it and sold to Nilkamal does not and will not infringe the Intellectual property rights to any third Party. ADIPA hereby indemnifies and shall keep indemnified Nilkamal Ltd. inrespect of any claim made by any Third Party regarding in fragment of Intellectual property rights due to manufacture / sale of merchandise of ADIPA.


Advocate for opponent


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