Authority: High Court at Calcutta

Order Date: 24 June 2026

Case Overview

  • Plaintiffs: Kajal Banerjee and another, daughters of the late Shashikant Shanghvi and Niranjana Shanghvi.
  • Defendants: Greentech IT City Pvt Ltd (Defendant No.1), an unnamed Defendant No.2, and individuals identified as Defendant No.3 and Defendant No.4 who are directors of the companies and partners in Defendant No.5 partnership firm.
  • Background: Defendant Nos.3 and 4 offered Plaintiff No.1 and her father a flat in “Sanjeeva Town Duplex Estate” for Rs 47 lakhs, with completion promised within 24 months. Payment of Rs 47,61,000 was made on 15 Nov 2010.
  • Subsequent dealings: Defendants later renumbered the unit, asked the plaintiffs to execute a sale agreement with Defendant No.5, and treated the monies as credit to Defendant No.5 on 27 July 2011. They later offered another unit for Rs 1.05 crore through Defendant No.2; receipts were issued on 27 Jan 2014 and an additional Rs 10 lakhs was paid on 20 Nov 2013. Despite these payments, the agreements fell through, possession was not delivered, and refunds were refused.
  • Plaintiffs terminated the agreements by notices dated 26 Feb 2021 and demanded refund with interest within 15 days. The defendants failed to comply, leading to the suit filed on 31 Aug 2021.
  • Defendants’ defence: claimed limitation, estoppel, waiver, and acquiescence; argued the suit was barred and that the plaintiff’s father had no intention of taking possession.
  • Legal issues framed: limitation, jurisdiction, existence of enforceable agreement, breach, benefit derived, liability to refund, and entitlement to decree.
  • The suit was eventually marked undefended as defendants failed to appear.

Final Outcome

  • The Court held the suit was not time‑barred under Articles 54 and 47 of the Limitation Act, 1963, as the cause of action arose on 13 Mar 2021 (failure to refund) and the suit was filed within three years.
  • The Court accepted the defendants’ admission of liability for the principal sums.
  • Defendant No.1 (Greentech IT City Pvt Ltd) is ordered to pay Rs 2,38,00,600 to the plaintiffs.
  • Defendant No.2 is ordered to pay Rs 2,37,00,603 to the plaintiffs.
  • The decretal amounts must be paid within 90 days of the decree. Failure to pay within this period will attract interest at 5 % per annum on the outstanding amount.
  • If payment is not made, the plaintiffs may initiate execution proceedings.
  • The decree is to be drawn up, and the suit is disposed of along with any pending applications.

Topics: Property Dispute, Money Decree