Vikas 10 October 2024

Question on signed fa form withdrawl from ncalt

Hello Sir,

I have a case in NCALT. The builder during our discussions on wrt to taking possesion agreed on our demands verbally and on email.

We agreed to signed a Mutual Settlement agreement based on verbal assurance to sign we shared the Signed FA form with him (Withdrawl of case). He later denied signing the mutual consent form.

Shen i didnt get the mutual settlement agreement with Builder, i sent him an email mentioning that i'm withdrawing our consent on signed FA form as he didnt signed Mutual Settlement Agreement

Builder also filed an IA application and shared a copy with us. He has shared an email of ours in the document where we raised our demands and he has acknowledged it.

Showing the content of email he has informed the court that matter between him and us is settled and the case should be closed. He shared IA Form document on 24th Sept and we signed the FA form on 27th.

NOTE: Builder was supposed to sign the Mutual Settlement Agreement on 27th, which he didn't and I shared the form FA with him on 27th. ( The claim made on document shared on 24th was not correct)

He now has our signed FA form as well to support his case.

I for now only have email which i shared with Builder where we informed him that we are withdrawing our consent on FA form and additinally i have shared an application with CIRP that we are withdrawign our consent on the FA form

I will also be submitting the same application to Honourable court on our hearing date. Please advise if you have any suggestions for me.

Thanks again for your help

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 10 October 2024

Since the builder is trying all the tricks to avoid settlement as agreed mutually, he is no more trustworthy.

Hence you may proceed with the proposed challenge to his version of the case and fight it strongly on merits and supporting documents in your possession.

Vikas 11 October 2024

Hi Sir, thanks again for your reply. Is there anything you would to suggest me to produce in front of court supporting my case.

I have a copy of email which i sent to Builder mentioning withdrawl of our Consent on FA form

I have shared the Applicatioin to CIRP mentioning our intention to withdraw or consent on FA form

I have a application copy prepared for NCLAT for withdrawl of our Consent form shared with builder.

I have a copy of email from the bank where bank cleared mentioned that they cannot disburse loan on our flat ( Maybe builder at that time iin year 2018/19 didnt had approvals from Govt and that is why loan was not approved, though he says now that he has the required approvals)

He has not shared the offer of possesion with us so far.

I went to banks and they mentioned they cannot process or sanction loan on this property as it is under CIRP/ NCLAT

Please advise and thanks again for your attention to this matter

Best

Vikas