1. The three applications filed by the plaintiff, the defendant No.2 and Reliance Commercial Finance Ltd. are disposed of by this common judgment.

2. The petitioner claims to be an allottee of 21,000 sq.ft. of super built-up area in service apartment in project ‘Avani Grand’ located at 8, JBS Haldane Avenue, Kolkata – 700 105 (hereinafter referred to as “said property”). It is alleged that the respondent has agreed to allot the same at a price of Rs.10,000/- per sq.ft. aggregating to Rs.21 crores. It was represented on behalf of the respondent that the construction work would commence within August, 2014 and would be completed by December, 2016.

3. Pursuant to the agreement, the petitioner paid Rs.21 crores by RTGS through its banker. Since the construction work did not commence, the respondent no.2 proposed to refund the said sum of Rs.21 crores with interest at the rate of 18% per annum till the date of repayment as also pre-estimated damages of Rs.8 crores by way of compensation upon the petitioner agreeing to terminate the said allotment. It is claimed that the parties have mutually agreed to settle their disputes and the respondents have made payment of five instalment