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2026 DAILYLAW 38869 (CAL)

PRABIR GHOSH v. PLB DEVELOPERS CONSULTANTS PVT LTD AND ORS.

WPA/25119/2025 · 2026-08-27

Rishad Medora

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

D/L Item No. 09 27.08.2026 KOLE 266462 WPA 25119 of 2025 Prabir Ghosh -Vs.- PLB Developers Pvt. Ltd. & Anr. Mr. Pronojit Roy, Mr. Abira Bhattacharjee, … for the petitioner. Affidavit of service filed on behalf of the petitioner is taken on record. The petitioner is represented. None of the respondents are represented. Learned Advocate representing the petitioner submits that the petitioner had entered into an agreement for sale in respect of a residential flat with the respondent no. 1 in March 2025. However, there was huge delay in handing over of the said flat and the same was not handed over within the stipulated date. The petitioner further submits that the petitioner has sought refund of the advance amount paid to the respondent no. 1 along with damages, but the respondent no. 1 has not paid such money to the petitioner till date. In fact, the respondent no. 1 has made a counter claim on the petitioner. The petitioner, thus, prays for an order directing the respondent no. 1 to refund a sum of Rs. 6,15,500/- along with interest and also seeks a sum of Rs. 10 lacs as compensation. I have considered the submissions made on behalf of the petitioner. I am of the view that this writ petition is not maintainable inasmuch as the respondents are not amenable to 2 the writ jurisdiction of this Court. The dispute complained of in the writ petition is private in nature and the petitioner’s remedy lie elsewhere. Significantly, the aforesaid agreement for sale contemplates resolution of disputes by arbitration. Accordingly, this writ petition stands dismissed. There will be no order as to costs. The petitioner is free to initiate other legal proceedings against the respondents in accordance with law. Since no affidavit-in-opposition has been called for, the allegations made in the writ petition are deemed not to be admitted by the respondents. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of necessary formalities. (Rishad Medora, J.)