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Subhash vs Dhulabhai

High Court Of Gujarat|26 April, 2012

JUDGMENT / ORDER

The petitioner alleged to have purchased bungalow No. B/38, Samatva Bungalows, in the scheme floated by respondent No.1 for consideration of Rs.1,34,88,800/-.
2. It is submitted that initially the petitioner paid Rs.1,15,000/- and further at the request of respondent No.1 he made payment of Rs.31,80,000/- in cash and also given cheque for the similar amount and in spite of that possession of the said bungalow is not handed over to the petitioner. It is further submitted that loan amount of Rs.85,00,000/- was sanctioned and was to be paid directly to respondent No.1.
3. Having heard learned advocates for the parties and on perusal of record of the case, it appears that the respondent No.1 has raised dispute with regard to dishonour of the cheque of Rs.31 lakhs and also making payment of Rs.31 lakhs in cash and there is nothing on record to show that the petitioner has made payment of Rs.31 lakhs to respondent No.1 by cash. Hence, no case is made out to interfere with the orders passed by the courts below in rejecting the complaint of the petitioner pursuant to the report received from the police authority.
In view of the above, this petition stands disposed of.
Notice is discharged.
[Anant S. Dave, J.] *pvv Top
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Title

Subhash vs Dhulabhai

Court

High Court Of Gujarat

JudgmentDate
26 April, 2012