Mumbai: The Metropolitan Magistrate court, Borivali has granted bail to the office bearers of Anamika Niwas Co-Operative Housing Society, Borivali, arrested over the allegation cheating accusing them of selling a flat allotted to the complainant by the developer in 2018, to the third party in 2024, without consent.
Court finds no cheating case; grants bail to all three accused
Borivali police had arrested Sukant Gudhekar, 52, Vijay Shirishankar, 74 and Vijay Madnani,58 - three office bearers of Anamika Niwas CHS, on the complaint of cheating lodged by Mayuri Garje, on June 21. The court while granting them bail noted that a case of cheating is not made out against the three by the prosecution.
Garje had alleged that she had purchased flat no. 1802 for an amount of Rs 1.32 core on March 20, 2018, from the developer and she was given an allotment letter. It is further alleged that the society office bearers – the three accused, sold the said flat for an amount of Rs 1.10 crore. Thus, she claimed that she has been cheated by the society office bearers.
Accused were elected members with 2011 development agreement
The three however, contested the claim. The defence pointed out that the three are the elected members of the Anamika Niwas CHS, who had entered into a development agreement on March 1, 2011 with M/s. Aditya Developers to develop the property.
The court while granting bail to the three office bearers observed that, “Admittedly, the accused (society office bearers) did not execute any agreement or sale deed in favour of the complainant nor did they induce her to pay any amount to them. There was no transaction between the three and the informant. The accused did not receive any amount from the informant,” the court said, adding that it cannot be said that the complainant was cheated by the office bearers.
“It is worth mentioning here that though an allotment letter was issued before 8 years, till this date, the informant did not file any civil suit against the Developer to get either possession or specific performance of contract. It is not the case of the informant that accused no. 4 (developer) executed either agreement to sale or registered sale deed in her favour in respect of the flat. Despite that, she has paid Rs. 1.32 crores before 8 years,” the court noted.
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