BY REGISTERED
POST / SPEED POST WITH A/D / COURIER
Date: 1st 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
