PREITY ZINTA Vs. SHAHIDA AMROHI

JUDGEMENT

(1.) This Court by its order dated 24th July, 2019 had directed defendant No.1 to fle an affdavit stating on oath the details of the transaction entered into by defendant No.1 in relation to Flat Nos. 701 and 801 situated at Charishma building, 28 th Road, Opp. Guru Nanak Park, Bandra (West), Mumbai 400 050 including the consideration received, the time when it was received and when possession of the aforesaid two Flats was handed over to the purchaser Haresh Kishin Ailsinghani. It was in these circumstances that the matter was stood over to 7th August, 2019.

(2.) When the matter was called out on 7th August, 2019, this Court noticed that an affdavit fled by defendant No.1 which, really speaking, did not comply with the earlier order dated 24 th July, 2019. The affdavit was vague as it could be. In fact, the entire affdavit has been reproduced in the order dated 7 th August, 2019. Since this Court was not satisfed with the aforesaid affdavit, as a last opportunity, the matter was stood over to 22 nd August, 2019 to enable defendant No.1 to comply with the order dated 24th July, 2019 by making a complete and full disclosure with reference to the transaction of the aforesaid two fats.

(3.) Pursuant thereto, the defendant has fled an affdavit dated 20th August, 2019 wherein, now, for the frst time, a completely new story is brought out with reference to the aforesaid two Flats. In Paragraph 3 of this affdavit, it is stated by defendant No.1 that on the demise of her husband (the said deceased) one Amrit Manghnani approached defendant No.1 with the proposal to invest money in a gold mining scheme of Madhya Pradesh. Since defendant No.1 treated Amrit as her son and knew him since childhood, agreed to invest in the said scheme. The said Amrit obtained signatures on blank cheques and withdrew and transferred a sum of Rs.9,90,00,445/- from her bank account into various different accounts. Since defendant No.1 had already exhausted all monies by making investment in the said gold scheme, Mr. Haresh Kishin Ailsinghani and the said Amrit Manghnani induced defendant No.1 to raise a loan on the said Flats so as to further invest in gold mining scheme with a false assurance that the investment made in the gold mining scheme would fetch humongous profts.