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Yashwant ray   07 August 2024

Check bounce open for outside settlement

On December 2021, I saw a land to buy and after that the person who was selling the property but he was not the owner, he was a property broker who had an agreement with the owner that he would sell the land. After knowing this, my mother paid Rs. 50000 to that person in cash on the same day Then on his request, within a few days in January 2022 my mother gave 4 lakhs in his account through RTGS, then on his request in September, I received money from my mum to my account after that I gave 20,000 more to his son account through UPI. After that, I asked him to get that property registered to me. He kept making excuses and then I did not get that property, then I told him in September 2023 that I do not want that land after lot of excuses he give me cheque on March 2024 for the amount of 470000 with post dated 10 may 2024 in his own handwriting for my mother name that is received my me. I submit that cheque to bank on 10 may 2024 and that cheque is bounced on 14 May 2024 with the return memo saying insufficient balance. After that I send him a legal notice on 6 June which is received by him on 8 June but he didn't reply or repay money to me. After that I contacted him on 7th July till date I didn't file a case he said to me I am communicating with the property owner regarding the repayment of money or give me property to sale out, for that he ask give me one week after one week he tell me he is not well he need more time for 2 days but I didn't believed I thought he is wasting my time maybe if the settlement not happened and what happened if the limitation period to File case is gone so I file a case on 16 July because I don't believe him after that I contact him 18 July he say to me come tomorrow on the property we will discuss further after that 22 July I tell him I already initiate the court case. And he tell me he has no money but he have the authority to sale out the property. so I telling I cannot withdraw the case but if you want the settlement I am open for the settlement. on the other side my my case file goes to the mediation centre for the settlement but on the date of hearing 24 July he does not come again another day for 31 July he does not come to the mediation centre after I meet him on the 5th August on the property that day he tell me that he can register the property after 1 month around 5 to 6 September and my file goes to the competent court from mediation centre for further hearing and the court give me the next hearing date of and they ask me to submit your statement on upcoming date . 

 

1.  So now my question is that in the statement I have to mention we already discuss about settlement which is done in 5th August regarding the property registration .

2. what things I have to mention in the statement and what precaution I have to done regarding the case in the court and what about outside settlement which is done on the 5th August because he tell me he have no money at present but he can register the property.

 

 



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     08 August 2024

You have repeated the same question in a different heading today itself in anothrer thread of this forum, you may better visit that thread to know more answers.

Dr. J C Vashista (Advocate )     08 August 2024

What do you gain in repitition of same query ?


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