Pune, 25th November 2022: In a case involving a bounced cheque, that was brought by an 85-year-old woman, a court of Judicial Magistrate First Class (JMFC) has issued non-bailable warrants (NBWs) against Marvel Realtors CEO Vishwajeet Jhavar and two directors of Marvel Sigma Homes Pvt Ltd, Azim Khan and Gunvant Kshatri.
Due to the trio’s absence from the proceedings, the Chatushrungi police have been ordered to make an arrest and bring them before the judge. The NBWs were issued on November 18, but according to the woman’s attorney, police have not yet taken action.
Balewadi resident Urmila Rameshchandra Powar, the plaintiff, had bought a condo in the Marvel Cascade development. With the assistance of the two directors, Vishwajeet Jhavar manages the project for Marvel Sigma Homes Pvt Ltd.
The sale-purchase agreement for the apartment was executed on February 25, 2015, following the woman’s complaint. According to the agreement, Powar and her husband were to receive ownership of the apartment by June 30 of the same year. The couple then approached the Maharashtra Real Estate Regulatory Authority (MahaRERA) after the promoters failed to provide the possession on schedule.
On August 9, 2019, MahaRERA ordered the promoters to jointly pay Powar Rs 1,46,19,750 plus 10.5 percent interest per annum from the date of actual possession of the apartment and the issuance of the occupancy certificate.
The 85-year-old complainant’s spouse was battling throat cancer and receiving radiation therapy. The couple was having financial difficulties due to the rise in medical costs and was in desperate need of an apartment. According to the RERA Adjudicating Authority’s ruling, both promoters were required to pay a total of nearly Rs 70 lakh in interest compensation to the complainants.
Both the promoters and the complainants decided to come to a solution because they were having trouble paying their fair amount of compensation to the complainants. The promoters and Powar made and signed a memorandum of understanding (MoU) on March 10, 2020. In the MoU, it was agreed that Jhavar would pay Powar Rs 20 lakh to end the dispute over the apartment.
Jhavar gave the complainant a cheque for Rs eight lakh in April 2020. The cheque, however, was not honoured. Jhavar was contacted by the complainant, but he asked for the money to be deposited in June. The cheque bounced once again because there wasn’t enough cash. In December 2020, the complainant’s husband passed away. The money was not given to her. Finally, the widow brought legal action against Jhavar, Khan, and Kshatri under Section 138 of the Negotiable Instruments Act. In 2021, the court acknowledged receipt of the complaint and issued processes against every defendant.
The complainant claimed that Jhavar and the other defendants managed to obtain an exemption from appearing in court without even showing up.