The matter pertains to a development contract from April between Sushil Kumar Agarwal and the predecessors of the respondents concerning the construction of a building in Kolkata wherein the owner ... retained of the area while the developer received for construction costs Disputes ensued when the owners repudiated the agreement leading the developer to seek specific performance in the City Civil Court which was dismissed based on Section c of the Specific Relief Act a decision subsequently affirmed by the Calcutta High Court and now appealed to the Supreme Court