Sree Sree Madan Mohan Jew Thakur vs B.N.B. K. Developer Llp
2026 Latest Caselaw 1822 Cal/2

Calcutta High Court

Sree Sree Madan Mohan Jew Thakur vs B.N.B. K. Developer Llp on 12 March, 2026

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OD-2

                                 ORDER SHEET

                      IN THE HIGH COURT AT CALCUTTA
                    ORDINARY ORIGINAL CIVIL JURISDICTION

                                IA No. GA/5/2026
                                        In
                                   CS/12/2024

                    SREE SREE MADAN MOHAN JEW THAKUR
                                      VS
                          B.N.B. K. DEVELOPER LLP.


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 12th March, 2026

                                                                             Appearance:
                                                   Mr. Ajay Krishna Chatterjee, Sr. Adv.
                                                           Mrs. Suchismita Ghosh, Adv.
                                                            Ms. Aradhita Banerjee, Adv.
                                                            Mr. Malay Kumar Seal, Adv.
                                                             For the plaintiff/petitioner.

                                                          Mr. Meghajit Mukherjee, Adv.
                                                               Ms. Sweta Mohanty, Adv.
                                                         For the defendant/respondent.

The Court: This is an application by the plaintiff alleging that payment as

directed by the order dated 12th September, 2025 has not been made by the

defendant to the plaintiff. In course of hearing, it transpires that out of 34 flats

28 flats have been registered and full payments in respect thereof have been

received by the defendant from the buyers, this leaves six numbers of flats yet

to be registered.

On behalf of the defendant, it is submitted that in respect of Flat No. 8A

in Tower-II the defendant has received an advocate's notice stating that there

has been a divorce proceedings between husband and the wife who had joint

agreed to purchase the said flat and as such the registration should not be

proceeded with. In respect of two other flats, it is submitted by the defendant

that the intending purchasers were given notice but due to health reason they

did not turn up to have their respective flats registered in their name. With

regard to two other flats, it is submitted that the registration of the same can

take place on any day. The defendant also says that the intending purchasers

of 7E in Tower-1 is out of station and is scheduled to return in June, 2026

when the registration can take place.

On behalf of the plaintiff, it is submitted that even in respect of twenty

eight flats which have already been registered, the plaintiff did not receive the

payment as directed by the order dated 12th September, 2025. In respect of two

unsold flats respectively being flat No. 8B and 10B in Tower-II which the

defendant had the option either to purchase or hand over in terms of the order

dated 12th September, 2025, the defendant has opted to hand over the said two

flats. Although the said two flats have been handed over but their respective

car parking spaces are yet to be handed over.

Learned Advocate representing the defendant prays for some time to take

specific instruction from his client.

Let this matter appear under the same heading on 24 th March, 2026.

(ARINDAM MUKHERJEE, J.)

snn.