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FPJ Legal: Bailable warrant issued against Mumbai-based developer for breach of consent terms

07:20 AM Nov 30, 2021 | Sweety Adimulam

MUMBAI: The Metropolitan Magistrate court in Andheri has issued Rs 10,000 bailable warrant against a Mumbai based real estate company Rajsanket Realty Limited and its directors and related stakeholders for the breach of consent terms of settlement signed with a homebuyer from Raj Infinia project in Malad before the housing regulator MahaRERA.

Warrants were issued against Hareshkumar Vallabhdas Sutaria (Director), Jignesh Pravinbhai Waghela (Director), Nayna Shailesh Desai (Director), Anuj Mulchand Patel (Director) and Amit Jaysukhlal Sheth (CFO) of the company, a part of the Rajesh Lifespaces group. When contacted, Rajsanket Realty Ltd representatives failed to provide any comment on the issue.

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Bailable warrant means on scheduled date of hearing the respondents (developer) are required to be present in the court with a surety of Rs 10,000 bail bond. If not, the court may take action. The matter is scheduled for hearing on Jan 3, 2022 in this court, said an advocate from Lodha & Lodha Advocates which represented the homebuyers.

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Homebuyers Mr and Mrs Neelesh Virendrabhai Ponda had purchased a flat in June 2013 in the Rajsanket Realty Ltd's Raj Infinia project located at Link Road, Malad West for a total consideration amount of Rs 1.89 crore. The buyers had paid 43 per cent of the total consideration amount (Rs 81.94 lakh) and the possession of the booked flat was promised by end of 2016. In June 2018, due to alleged delay in handing over the possession of the property, the Pondas filed a complaint with MahaRERA seeking a refund with interest and compensation for the delay caused.

In January 2019, both the parties agreed to settle the dispute and consent terms were signed before MahaRERA. It was agreed that the developer shall refund the cost of Rs 81.94 lakh along with interest of Rs. 40,28,021/- (including TDS) calculated at 9 per cent from the date of payment to the date of post-dated cheques. However, In June 2019, the six post-dated cheques was dishonoured by the bank citing “insufficient funds”.

A statutory notice to the developer was issued asking to make the payments in June 2019 and in July, a criminal case was filed in the Metropolitan Magistrate court of Andheri under Section 138 of Negotiable Instruments Act. In December, 2019, the Additional Chief Metropolitan Magistrate, Andheri issued summons to the six, asking them to appear before the January 24, 2020.

In February, 2021, MahaRERA also had issued a recovery warrant against the real estate company stakeholders. On November 24, when they were absent, the court has issued bailable warrants against the six as per the documents accessed by this newspaper.

Also Read: Mumbai: MahaRERA sets up 60-day deadline for completing conciliation hearings

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