OD-6 ORDER SHEET IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ACR/3/2024 (OLD NO. ATA/4/2024) IN THE MATTER OF : SREE SREE ISWAR BROJESWAR MAHADEB THAKUR JEW AND ORS. VS GMSS INFRACON BEFORE: The Hon’ble JUSTICE ARINDAM MUKHERJEE Date: 9th September, 2025. APPEARANCE: Mr. Dhruba Ghosh, Sr. Adv. Mr. Pushan Kar, Adv. Mr. Sagnik Majumdar, Adv. Mr. Altamash Alim, Adv. Ms. Shreya Ghosh Dastidar, Adv. Mr. Aurin Chakrabotry, Adv. For petitioner Mr. Ritoban Sarkar, Adv.(VC) Mr. Subhankar Chakraborty, Adv,.(VC) For respondent The Court : After hearing the petitioners and considering the development agreement and the Power of Attorney placed before the Court the petitioners are permitted to go ahead with the development agreement dated 4th September, 2025 entered between the petitioners and GMSS Infracon (PAN – AAYFG 2184M) a registered partnership firm having its registered office at BA-17, Salt Lake, Sector-1, Kolkata-700064 represented by Mr. Sanjeeb Gupta one of its partner being the developer as also the Power of Attorney given by the petitioners in favour of Sanjeeb Gupta for the purpose of developing the immovable property situate and 2 lying at premises no. 7, Pagladanga First Lane, P.O & P.S- Tangra Kolkata – 700 015 measuring about 6 bighas and 13 Cottah more or less in terms of the aforesaid development agreement dated 4th September, 2025. It appears that the petitioners have received a sum of Rs.21 lakhs towards refundable security deposit. The question of refunding the security will arise if the agreement is terminated or if there is a default in completing the project within the span of 72 months as agreed upon between the parties. The said sum of Rs. 21 lakhs shall be immediately deposited in the highest interest bearing fixed deposit account with a Nationalised Bank and kept the same renewed from time to time. The balance portion of the refundable security deposit aggregating to Rs. 1,79,00,000/- shall also be put into highest interest bearing fixed deposit with a Nationalised Bank as and when the same is made over by the developer to the petitioners and keep such fixed deposit being renewal from time to time. It is made clear that 50% of the interest generated out of the amount so placed in fixed deposit firstly shall be used for meeting the expenses of the deity, for performance of the regular deva seva and the periodic festival. Any balance left out after meeting such expenses shall be used for the purpose of paying the statutory rates and taxes for the immovable properties owned and/or bequeathed to the deity. The balance 50% of the income so generated shall be separately reinvested by 3 the petitioners to build up a corpus for meeting the future expenses of the deity and if necessary for using the surplus to pay statutory rates and taxes of the immovable properties bequeathed to and/or belonging to the deity in case of shortfall. The development agreement shall be registered by 31st October, 2025 along with the Power of Attorney. The petitioners and the developer shall render mutual cooperation for the purpose of registering the agreement and Power of Attorney and carrying out the development work in terms thereof. The original development agreement and the original Power of Attorney placed before the Court are returned back by retaining photocopies thereof. Nothing further remains to be adjudicated in this application. The same is accordingly disposed of. However, the parties will be at liberty to mention if necessary for any direction and/or directions. (ARINDAM MUKHERJEE, J.) Sb/