SILVER VILLA CONSTRUCTIONS PVT. LTD. Vs. MAKHAN KARMAKAR

JUDGEMENT

(1.) The plaintiffs have filed the present suit being C.S. No. 244 of 2021 claiming damages of Rs.2,00,00,000.00 for loss of reputation, loss of business and loss of credential. The plaintiffs also claim for damages of Rs.30,00,000.00 as loss of profit arising out of cancelled agreements and Rs.50,00,000.00 for loss of anticipated profit on other projects which got cancelled or prospective customers never came forward.

(2.) The plaintiff No.1 is a company carrying on business as a real estate developer of diverse projects in and around Kolkata and West Bengal. The plaintiff no.1 in its usual course of business has acquired goodwill and reputation as a promoter. The plaintiff no. 2 is the Director of the plaintiff no.1 company. Since, the year 2008 till the filing of the suit, the plaintiffs have completed 16 numbers of real estate projects both commercial and residential in and around state of West Bengal. As per the case of the plaintiffs, the annual turnover of the plaintiff no.1 company is Rs.16,00,00,000.00.

(3.) In the business of real estate, the plaintiffs have acquired substantial goodwill and reputation amongst its customers and the general public. The plaintiffs in their usual course of business, to construct multistoried building on a land measuring an area of about 6 cottah 4 chittack situated at Mouza Dakshindari, being Municipal Premises No. 243, S.K. Deb Road (previously known as 51 S.K. Deb Road), Kolkata - 700048, approached the owners of the said landed property and a Deed of Exchange with regard thereto was registered on 18/3/2015. By such deed, the said land was transferred by way of exchange in favour of the plaintiffs in lieu of three flats being Flat Nos. 1C, 5B and 5C all measuring about 850 Sq.Ft. each situated at Premises No. 726, Dakshindari Road, Kolkata - 700048 were allotted to the owners of the Premises No. 243, S.K. Deb Road, Kolkata - 700048.