- (1.) Heard learned counsel appearing for the plaintiff.
(2.) This is a suit for decree for a sum of Rs.58,78,180/- together with interim interest and interest upon judgment @ 18% per annum with other reliefs. Plaint case in brief is that plaintiff is engaged in business of manufacture and sale of forged and machined components which are supplied to Tata Motors Limited and its sub-vendors. The defendant being the nodal agency of the State of West Bengal allotted a plot of land measuring 1.82 acres of land within Tata Small Car Project at Singur, West Bengal by its letter dated 7th august, 2008 and such document was confirmed for the plot no. B4-B for a period of 99 years by the defendant at the Tata Small Car Project sites and a possession certificate dated 8th August, 2008 was also given to the plaintiff and duly confirmed by the letter dated 11th August, 2008. Plaintiff intimated about the possession certificate to Tata Motors Limited with a request for construction of rule leading to the said plot to set up its unit. Thereafter, plaintiff obtained trade licence and no objection certificate from the concerned authorities. It is submitted that plaintiff applied for sanction of the loan with the defendant for the purpose of carrying costs for the said project and the loan applied for Rs.5,80,55,000/- but no step was taken by the defendant to extend any help towards sanction of loan or for the purpose of setting of the unit. The defendant continued to take the plea that the land at Singur which was acquired by Government had become a political issue and the matter had reached as impasse that it was not possible for setting of the units. So, obviously the project could not proceed and the plaintiff suffered loss which is intimated by a letter dated 12th August, 2013 to the defendant for the refund of a sum of Rs.27,30,000/- which were deposited as costs for allotment of the land at Vendor Park, Tata Small Car Project sites, Singur, Hooghly, West Bengal. The plaintiff issued several remainders by its letters dated 12th August, 2013, 5th September, 2013 and 31st October, 2016 but the payment under deposit was not refunded on the representation by the defendant that the fate of the project was not finally decided and the matter was pending before the Hon'ble Supreme Court of India and the plaintiff was asked to wait for sometime. Ultimately, the Hon'ble Supreme Court in its judgment dated 31st August, 2016 set aside the acquisition of the land so obviously the plaintiff could not get the allotment of the land for the purpose of setting of the unit rather it is stood terminated by frustration.
(3.) Accordingly, the plaintiff has claimed a sum of Rs.58,78,180/- as on 6th February, 2017 from the defendant as the particulars mentioned in paragraph 14 of the plaint.;