PAWAN KUMAR SETHIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Judgment referred on behalf of petitioners

(2.) The allegations levelled by opposite party no. 2 namely, Narayan Prasad Saraff against the present petitioners in the written complain dtd. 4/3/2013 may be summarized as follows:-

(3.) Mr. Anirban Dutta, learned counsel on behalf of petitioners submits that as per development agreement, it was agreed by opposite party no. 2 that an amount of Rs.50.00 lakhs will be paid to the petitioners as owner thereof together with entire 4th floor be handed over to the petitioners apart from other terms as settled with regard to the construction work. Accordingly, the power of attorney was executed in favour of the opposite party no. 2 by the petitioners to perform the aforesaid work towards completion of the said project and there was no specific term for monthly remuneration of opposite party no. 2. The assignment was entrusted upon the opposite party no. 2 being trusted person to the petitioners family based on just half and half profit and loss share basis for either of the side towards project excluding aforesaid payment of Rs.50.00 lakhs and handing over the entire 4th floor of the new building apart from the expenses of the project.