Back
IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, SUPRATIM BHATTACHARYA
FMAT 495 of 2025 with CAN 1 of 2025 – Appellant
Versus
Fire Events – Respondent
| Table of Content |
|---|
| 1. challenge against interim injunction in a contractual dispute. (Para 1) |
| 2. arguments on lack of territorial jurisdiction. (Para 2 , 6 , 10 , 12) |
| 3. nature of the reliefs sought in the suit. (Para 3 , 4 , 14 , 16) |
| 4. court's observations on jurisdiction pertaining to contract termination. (Para 19 , 20 , 27) |
| 5. final judgment on the appeal and directives for trial court. (Para 30 , 32 , 34) |
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The present challenge has been preferred against an ad interim order of injunction passed in connection with a suit instituted by the plaintiffs/respondent nos. 1 and 2 for the following reliefs:
“a) Decree for Declaration that the defendant is responsible and duty bound to give access to run the business in compliance of the agreement dated 28.02.2025 executed between the plaintiff no. 1 & defendant.
b) Decree for Declaration that the defendant is liable to pay penalty and compensation for late/delayed payment and for restraining the plaintiff to run the business as per agreement.
c) Interim order to pay 50% amount by calculating average payment made on last few months through invoice and book basis for passing daily life of the plaintiffs and
A suit claiming jurisdiction based on receipt of termination notice is invalid if the associated contract's termination occurs outside the jurisdiction of the court.
Jurisdiction under Section 16 of CPC mandates that actions affecting property must be brought in the court where the property is situated, irrespective of contractual jurisdiction clauses.
Jurisdiction over immovable property cannot be altered by agreement; the local court where the property is situated retains jurisdiction.
The Courts at Patiala did not have jurisdiction to entertain the suit of the respondent as the suit property/res is situated in Gurugram. The agreement in question is a forged and fabricated document....
Agreement to sell – Even if suit for specific performance is decreed without specific decree for transfer of possession of suit property, same can be enforced only when trial court directs defendants....
Issue of territorial jurisdiction – When suit is ripe for trial and it is posted for evidence of Plaintiff, adjudication of issue of territorial jurisdiction of Court will certainly be a piece-meal t....
A suit for specific performance regarding immovable property must be filed in the jurisdiction where the property is located, as per Section 16 of the CPC.
The central legal point established in the judgment is that the territorial jurisdiction of a court to entertain a suit for immovable property is determined by the location of the property as per Sec....
Point of Law : Return of plaint – Jurisdiction of Court- Work Contract - Cause of action for the institution of the suit has arisen at Raipur where the alleged contract was executed Hence Court has j....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
