2021 (7) TMI 876

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....e") for the alleged default on the part of the Respondent in settling an amount of Rs. 8,57,000/- (Eight lakh Fifty-Seven Thousand Rupees only). The details of transactions leading to the filing of this application as averred by the Applicant are as follows: i. The applicant stated that the Respondent is a Building and Construction Company registered in Delhi. Further the applicant stated that an SMS regarding the new launching project of Respondent was received by him. That the applicant upon finding lucrative option of the investment invested in the project with the name of "Emerald Rivera". ii. The applicant submits that the Clause no. 3 of the Agreement cum Memorandum of understanding ref. no. ETH/ER/DL/04/12/2012-2013....

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....e payment will be paid by the applicant on possession. vi. The applicant submitted that upon realizing that construction on the said project has not started a Legal Notice dated 25.11.2014 was delivered to the Respondent. Since no reply was received to the said notice the applicant filed a complaint bearing case no. 3016 of 2016 in the district court of Kamrup (Metro) at Guwahati under section 420, 406, 417, 34 of Indian Penal Code, 1860. Furthermore, the Judicial Magistrate First Class, Kamrup (Metro) on 28.01.2019 has issued "Warrant of arrest" against the Directors of Respondent Company i.e., Mr. Suresh Saini and Mr. Rajesh Saini. 2. The Tribunal issued notice to the Respondent through all modes, however no one has represente....