SANJIB BANERJEE, J. - (1.) It was probably worth a try, but the appellant's endeavour to stretch the bizarre to absurd cannot be appreciated. The appeal is directed against a rather lengthy judgment of September 5, 2017 passed on an interlocutory petition in a money claim. An initial order of May 17, 2017 was vacated by the order impugned and a different form of security afforded to the appellant. The appellant completely disowns such order and says that it did not seek an order of the kind that it has obtained.
(2.) The facts as innocently presented in course of the opening of this appeal justified a degree of indignation at the appellant's case not being accepted by the interlocutory court. But as the more complex facts pertaining to the matter unfolded, even before the respondents had a say in the matter, it was evident that the action was instituted with sinister motive and oblique purpose.
(3.) The simple case of the plaintiff-appellant that was initially presented was that the appellant had invested a sum of Rs. 21 crore in a real estate project undertaken by the third defendant (also the third respondent here) through the instrumentalities of the first and second defendant companies (again the first and second respondents, respectively, in this appeal) which were owned and controlled by the third defendant and his men and agents. It is best that some of the key averments in the plaint are noticed at this stage as they form the fulcrum of the plaintiff's claim: "2. In or around January 2014, the defendant nos. 1 and 2, through the defendant no. 3, their authorized person and Director represented to the plaintiff followings amongst others: a) Defendant no. 2 (previously named as "DLF Hilton Hotels Ltd." and thereafter "DLF Hotels and Hospitality Ltd.") is a long term lessee under Kolkata Municipal Corporation ("KMC") in respect of a large plot of land (5.59 acres approx) being premises No. 8, JBS Haldane Avenue, Kolkata- 700 105 which was being developed through the defendant No. 1. The said lease hold land and premises is more fully described in a schedule annexed hereto and marked with the letter "A". b) KMC have sanctioned a building Plan ("the plan") for construction of two towers comprising service apartments at the said premises. The project was named "Avani Grand". c) For the purpose of undertaking development of the service apartment area within the said premises, defendant No. 2 has entered into a term sheet/Agreement in or about June 2012 with the defendant No. 1 whereby, the defendant No. 1 has agreed to undertake construction, erection and completion of the new buildings in the service apartment area. d) KMC in December 2012 has granted the right to Defendant No. 2 to sublease the service apartments, with proportionate share in the land. e) The work of construction would commence within August 2014 and the "Avani Grand" project would be completed in December, 2016. f) The defendants needed funds for development of the said property. "3. The Defendant nos. 1 and 2 through their Managing Director the Defendant No. 3, on the basis of aforesaid representations, approached the plaintiff at their registered office within the jurisdiction aforesaid. Replying on the aforesaid representation and being induced thereby the plaintiff agreed to take allotment of 21000 sq.ft. of super built up area in service apartment in the project "Avani Grand" located at No. 8, JBS Haldane Avenue, Kolkata -700 105 and the defendants agreed to allot the same at a price of Rs. 10,000/- per sq.ft. aggregating Rs. 21 crores. The plaintiff agreed to take allotment as aforesaid on the faith that the said construction of work would commence within August, 2014 and would be completed by December, 2016. The aforesaid agreement was entered into orally between Mr. Shankar Lal Bagri, director of the plaintiff on the one hand and defendant no. 3 on the other hand for self and on behalf of defendant companies sometime in or around the first week of March 2014 which would also be borne out from the dealings and transactions between the parties and their conduct. This agreement was orally entered into at the plaintiff's registered office at "Jasmine Tower", 31, Shakespeare Sarani, Room No. 611, 6th floor, Kolkata - 700 017, within the jurisdiction aforesaid.";