Case Note & Summary
The writ petition arose from a dispute over an agreement to sale dated 18/01/2022 between M/s. Radha Madhav Developers, a partnership firm, and the respondents, Vinod Kumar Agarwal and Sankalp Agarwal. The petitioner firm, engaged in real estate, had developed Vrindavan Township and agreed to sell a row house unit (B1-C3, 255.50 sq.mt, 6 BHK) to the respondents for a total consideration of Rs. 94,23,334/-, against which the respondents paid Rs. 15,23,334/- as part payment and Rs. 10,76,666/- towards statutory charges. The respondents were to pay the balance Rs. 79,00,000/- by end of April 2022. However, on 16/02/2022, the respondents issued a notice cancelling the booking and demanded refund of the entire amount with interest. The petitioner replied on 24/02/2022 offering either continuation of the booking with timely payment or execution of a cancellation deed with refund of Rs. 15,23,334/-. The respondents subsequently filed Special Civil Suit No. 1243/2022 for cancellation of the agreement to sale. On 27/06/2024, the 12th Joint Civil Judge Senior Division, Nagpur passed an order that aggrieved the petitioner, leading to the filing of the present writ petition. The High Court of Bombay, Nagpur Bench, heard the matter and reserved judgment on 04/03/2025, pronouncing it on 16/04/2025. The judgment text provided is incomplete and does not contain the Court's analysis, findings, or final decision. Therefore, the outcome, ratio decidendi, and detailed legal reasoning are not available from the extracted text.
Issue of Consideration
WRIT PETITION NO. 4021 OF 2024N
Case Details
2025 LawText (BOM) (04) 182
Writ Petition No. 4021 of 2024
Shri V.V. Bharadwaj (for petitioner), Shri Dilip Dani (for respondents)
M/s. Radha Madhav Developers, a registered partnership firm, through authorized representative Mr. Rajesh N. Agrawal
Mr. Vinod Kumar s/o. Rajaram Agarwal and Mr. Sankalp s/o Vinod Kumar Agarwal
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Nature of Litigation
Writ petition challenging an order passed by the Civil Judge in a suit for cancellation of an agreement to sale.
Filing Reason
Aggrieved by the order dated 27/06/2024 passed by 12th Joint Civil Judge Senior Division, Nagpur in Special Civil Suit No. 1243/2022.
Previous Decisions
Order dated 27/06/2024 by 12th Joint Civil Judge Senior Division, Nagpur in Special Civil Suit No. 1243/2022.
Judgment Excerpts
Being aggrieved by the said Order dated 27/06/2024, passed by learned 12th Joint Civil Judge Senior Division, Nagpur.
On 18/01/2022, Registered Agreement to sale was executed between the petitioner and respondents, whereby, the respondents agreed to purchase Row House No. B1-C3, having built up area admeasuring 255.50 Sq.mt., covered in 6 bedrooms, from the petitioner and paid part payment of Rs. 15,23,334/-, out of Rs. 94,23,334/-.
On 16/02/2022, the respondents issued notice to petitioner, thereby, cancelling the booking of the above mentioned unit and demanded Refund of entire amount paid along with interest.
Procedural History
18/01/2022 - Registered agreement to sale executed between parties; 16/02/2022 - Respondents issued notice cancelling booking and demanding refund; 24/02/2022 - Petitioner replied offering alternatives; 06/06/2022 - Incomplete text, presumably suit filed; Special Civil Suit No. 1243/2022 filed for cancellation of agreement; 27/06/2024 - 12th Joint Civil Judge Senior Division, Nagpur passed an order; Petitioner filed Writ Petition No. 4021 of 2024; 04/03/2025 - Judgment reserved; 16/04/2025 - Judgment pronounced.
Acts & Sections
- Indian Partnership Act, 1932:
