ORAL JUDGMENT

Abhay Ahuja, J. - This Notice of Motion has been filed by one Shalaka Projects Private Limited seeking directions of this Court to the Official Assignee to vacate the formal possession of Flats No. E-404 and E-408 (the 'said flats') situate in Kasturkunj Co-operative Housing Society, Shivaji Nagar, Pune.

2. It is the case of the Applicant that the Applicant-Company was incorporated on 20th June, 2018 and purchased the said flats from one K.K.B. Properties Private Limited on 15th January, 20216 for a consideration of Rs.1 crore 77 lakhs paid in the following manner:

Amount

Particulars

Rs.47,00,000/-

(Rupees Forty Seven Lacs Only) issued by the purchaser to the VENDOR by Chq. No.235234 dtd. 15/01/2016 drawn on IDBI Bank, F.C.Road Branch, Pune.

Rs.65,00,000/-

(Rupees Sixty Five Lacs Only) issued by the purchaser to the VENDOR by Chq. No. 235235 dtd. 15/01/2016 drawn on IDBI Bank, F.C.Road Branch, Pune.

Rs.63,23,000/-

(Rupees Sixty Three Lacs Twenty Three Thousand Only) issued by the purchaser to the VENDOR by Chq.No.235236 dtd. 15/01/2016 drawn on IDBI Bank, F.C.Road Branch, Pune.

Rs.1,77,000/-

(Rupees One Lacs Seventy Seven Thousand Only) deducted @ 1% of total considerat