Legal Notice for Non-Cooperation and Delay in Development of Property at Premises No. 4/68, Rabindranagar — Demand for Immediate Compliance / Refund

 

                                                              

BY REGISTERED POST / SPEED POST WITH A/D / COURIER

 

Date: 1^st day of December, 2025

To,
1. Mr. Basant Jaswara
2. Mr. Santu Jaswara
Both Sons of Late Khedu Jaswara
Residents of: 4/68, Mahendra Banerjee Road (Rabindranagar),
Police Station – Parnasree,
Kolkata – 700060,
District – South 24 Parganas.

 

Subject: Legal Notice for Non-Cooperation and Delay in Development of Property at Premises No. 4/68, Rabindranagar — Demand for Immediate Compliance / Refund

 

 

Sir(s),

 

Under instructions from and on behalf of my client M/s. Om Enterprise, a proprietorship firm having its office at Premises No. 229, Maharani Indira Devi Road, Post Office & Police Station – Parnasree, Kolkata – 700060, District – South 24 Parganas, represented by its Proprietor Smt. Sujata Dutta, Wife of Sri Satyajit Dutta, residing at the selfsame address (hereinafter referred to as “my Client”), I hereby serve upon you the following LEGAL NOTICE;

 

1.   That on 10/07/2018, a Joint Venture Agreement was duly executed by and between you, the Land Owners, and my Client, the Promoter, in respect of the development of the immovable property, to wit;

 

 

 

 

A Plot of Land measuring about 8 (Eight) Cottah 8 (Eight) Chhitack, more or less of Bastu nature under Classification of Land, situated in Mouza – Bahala Gram, Pargana – Ballia, Police Station – formerly Behala presently Parnasree, Touzi No. 346, J.L. No. 2, R.S. No. 83, R.S. Khatian No. 80, R.S. Dag No. 6292, under Ward No. 129 of the Kolkata Municipal Corporation, recognised as Premises No. 4/68, Rabindranagar, Post Office & P.S. – Parnasree, Kolkata – 700060, District South 24 Parganas, butted and bounded as follows;

·         North – Plot of Land of Lakhikanta Das & Manoranjan Das

·         South – Plot of Land of India Fan Company

·         East – Plot of Land of Shailen Naskar

·         West – 8 ft. K.M.C. Road

 

2.   That as per Memorandum of Consideration under the said Joint Venture Agreement, my Client paid to you, the Land Owners, a sum of ₹10,00,000/- (Rupees Ten Lakhs only), which you duly encashed from the bank.

 

3.   That at the time of execution of the Agreement it was revealed that mutation of the property had not been completed in your favour with the Kolkata Municipal Corporation as well as in the Records of Rights of the BL & LRO, and therefore without such mutation, sanction of building plan could not be obtained from the KMC.

 

4.   That in order to facilitate development and to honour the said Joint Venture Agreement, my Client incurred statutory costs and out-of-pocket expenses for mutation and other activities to the tune of ₹1,00,000/- (Rupees One Lakh only) and further incurred ₹1,00,000/- (Rupees One Lakh only) towards miscellaneous expenses including maintenance, supervision, and contributions to local societies/committees connected with the said land.

 

5.   That due to the COVID-19 Pandemic (March 2020 – March 2021), the development activities were forcefully halted due to circumstances beyond anyone’s control.

 

6.   That after normalisation, my Client requested you to extend cooperation including execution of a Power of Attorney authorising my Client to proceed with development in terms of the Joint Venture Agreement. However, you have repeatedly avoided, delayed, obstructed and prevented the development works, with intent to frustrate the Agreement and to avoid reimbursement of the cost and expenditure to be deducted from your share of 40% Owners’ Allocation.

 

7.   That a long period of 7 years 4 months and 22 days has elapsed, yet you have neither cooperated for development, nor performed your reciprocal obligations, thereby committing material breach of contract.

 

8.   In the above circumstances, my Client hereby calls upon you jointly and severally to;

 

(a)  Within 15 (Fifteen) days from receipt of this Notice, clearly state in writing whether you are willing to continue with the Joint Venture Agreement dated 10/07/2018 and extend full cooperation including execution of Power of Attorney and all necessary documents, for the development of the said property;

 

OR ALTERNATIVELY

 

(b)  If you are unwilling / uninterested / reluctant to proceed with the development, then you shall refund to my Client within 15 days;

Particulars	Amount
Principal Amount paid as per Memorandum of Consideration	₹10,00,000/-
Interest @ 12% per annum from the date of payment till full realization	₹ 8,88,629/-
Mutation & statutory expenses	₹1,00,000/-
Misc. expenditure towards upkeep and related obligations	₹1,00,000/-
Total (excluding further accrued interest)	₹20,88,629/- + interest

Payment shall be made by Account Payee Cheque / Bank Transfer only.

 

(c)  Take further notice that if you fail to comply with the above demands within the stipulated period, my Client shall be constrained to take appropriate civil and criminal proceedings before the competent court/authority for enforcement of rights, recovery of dues, damages, compensation and all consequential reliefs, at your entire risk, responsibility and cost, without any further reference to you.

 

(d)  Take also notice that in order to prevent any fraudulent transfer, assignment, encumbrance or dealing with the said property, my Client shall publish a public notice in a widely circulated Bengali Newspaper declaring that the said property is under a Joint Venture Agreement with my Client, and any third-party dealing shall be at their own risk.

 

 

 

 

This Notice is issued without prejudice to all rights and remedies available in law and equity.

 

Kindly treat this Notice as most urgent.

 

Thanking you,

 

Yours’ faithfully,

 

 

Pritilata Sardar

Advocate

High Court Calcutta