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