Calcutta High Court
Manish Agarwal And Ors vs Oswal Residential Buildings Llp And Anr on 29 July, 2025
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
OD-6,22,38
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
IA No. GA/4/2025
In
CS No. 93 of 2023
MANISH AGARWAL AND ORS.
VERSUS
OSWAL RESIDENTIAL BUILDINGS LLP AND ANR.
IA No. GA/1/2024
In
CS No. 93 of 2023
MANISH AGARWAL AND ORS.
VERSUS
OSWAL RESIDENTIAL BUILDINGS LLP AND ANR.
IA No. GA/3/2024
In
CS No. 93 of 2023
MANISH AGARWAL AND ORS.
VERSUS
OSWAL RESIDENTIAL BUILDINGS LLP AND ANR.
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 29th July, 2025.
Appearance:
Ms. Priyanka Agarwal, Adv.
For the plaintiffs in IA No. GA 3 of 2024.
Mr. Rishad Medora, Adv.
Ms. RamyaHariharan, Adv.
Mr. S. Rao, Adv.
For the defendants.
The Court: There are three applications filed in this suit. IA No. GA/1/2024
and IA No. GA/3/2024 are the applications filed by the plaintiffs. IA No.
GA/1/2024 is an application for judgment upon admission under the provisions
of Order 12 Rule 6 of the Code of Civil Procedure, 1908 (in short, CPC). IA No.
2GA/3/2024 is an application for summary judgment under the provision of
Chapter XIIIA of the Original Side Rules of this Court.
IA No. GA/4/2025 is an application by the defendants for extension of time
to file the written statement.
After hearing the parties, it appears that the plaintiffs in order to purchase
a flat in a complex developed by the defendants made part payments aggregating
to Rs.38,46,275/-. The plaintiffs could not pay any further amount. The entire
consideration for purchase of the flat was fixed at Rs.63,13,845/-. The agreement
provided that in case of default of an installment the buyers (plaintiffs) could
regularize such default by paying the installment amount with interest. The
plaintiffs were unable to even pay the installment amount with interest to
regularize the default. The agreement was ultimately cancelled on 5 th August,
2021. It is not in dispute that the defendants after cancelling the agreement of the
plaintiffs have sold the said flat to a third party for a consideration money of
Rs.68,01,412/-. It also appears from the copy of the sale deed that for the purpose
of registration the said flat was valued at Rs. 75,00,000/-.
It is the case of the plaintiffs that after deduction of 3% of the entire
consideration from the said sum of Rs.38,46,275/- the balance should have been
returned back to the plaintiffs. The plaintiffs say that the total consideration
money is Rs.63,13,845/-, 3% thereon will come to Rs.1,89,450/-. After deducting
the said sum of Rs.1,89,450/- from Rs.38,00,000/- a principal sum of
Rs.36,56,860/- is refundable to the plaintiffs. The plaintiffs also claim interest on
such sum of Rs. 36,56,860/- from 1st September, 2022 when according to the
plaintiffs the agreement stood terminated till 31 st March, 2023 on the said sum of
3Rs.36,56,860/- @ 18% per annum. The plaintiffs, therefore, have claimed an
interest of Rs.3,84,000/- for a period between 1 st September, 2022 till 31st March,
2023.
The defendants, however, say that the termination took place on 5 th
August, 2021. The defendants also say that apart from the 3% of the
consideration money the defendants are entitled to other expenses which the
defendants had incurred to continue with the construction. The defendants,
therefore, are not agreeable to refund the principal sum of RS. 36,56,860/-.
After hearing the parties, it appears that the matter can be settled by the
parties if the plaintiffs forego the interest of Rs.36,56,860/- for a period between
1st September, 2022 till 31st March, 2023 or for any subsequent period thereto
while the defendants agree to refund the said sum of Rs.36,56,860/-.
The matter is adjourned and shall appear on 12 th August, 2025 to enable
the advocates for taking instructions from their respective clients.
(ARINDAM MUKHERJEE, J.)
snn.