no element of cheating involved in this case. He had genuine
intention to complete the project. The applicants were not party to
the proceeding, where the status quo order was passed by this Court.
The applicant had made attempt to commence the construction.
Thane Municipal Corporation at one point of time, permitted
applicants to go on with the construction. Subsequently they were
told that in view of status quo order, unless the same is vacated,
applicant cannot proceed with the construction. It is submitted that it
was a SRA project and out of 325 persons occupying premises,140
persons have vacated the premises. The applicant has been paying
rent to them. It is only on account of unforeseen circumstances, the
applicant could not proceed with the project. On instruction the
applicant submitted that the three purchasers before the Court
including the complainant, have deposited the total amount of Rs.50
Lakhs. The other purchaser had approached police and their
statement has been recorded. He had indicated that he is willing to
wait till the completion of building. The total amount invested by the
three purchasers before the court is Rs.50 Lakhs. The applicant is
willing to part this principle amount to the purchasers or the
applicant is willing to deposit the amount of Rs.50 Lakhs in this
