Vikas 01 October 2024

Nclat ( case withdrawl/ fa form query)

I along with other buyers have filed a case against a Builder in NCLAT as he was not giving Delivery of flats.

The matter is going on in NCLAT and court asked us settle the matter with Builder and come to a mutual agreement.

Builder and I agreed verbally on an agreement and based on Verbal Commitment and trust I signed the FA (Case Withdrawl Form).

Builder now is not willign to sign the mutual agreement form to which we agreed verbally.

Please advise if there are any legal remedies i can take to make Form FA null and Void or ask Court not to consider it

Thanks for your help in advance

Best

Vikas

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6 Replies

T. Kalaiselvan, Advocate (Advocate) 02 October 2024

You can revert to the tribunal with an application to cancel the withdrawal application owing to the builder's reluctancy to proceed with the agreement and seek releif through the tribunal itself.

Vikas 02 October 2024

Hello Sir, thanks a lot for the info. I have emailed the builder to cancel/ disregard my consent on the FA form as he didn't sign the Mutual Settlement agreement. Additionally i will draft an application for NCLAT. Thanks for your help. Appreciate it

T. Kalaiselvan, Advocate (Advocate) 03 October 2024

Just an email to the builder will not suffice the situation, you may follow it properly and if necesary secure the evidence in order to handle it legally in furtherance.

Vikas 03 October 2024

Sure Sir. I can send an application to NCALT about the withdrawl of my consent on FA form. Can I do it before my next hearing or should i produce it in front of Court at time of hearing which is scheduled on 22 nd Oct? Also, can I submit the application to NCLAT before my hearing date?

T. Kalaiselvan, Advocate (Advocate) 03 October 2024

You can very well file the proposed application in advance by giving notice to the opposite party but it will be taken by the court only on the date of hearing and not before that.