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IN THE HIGH COURT AT CALCUTTA
SHAMPA SARKAR
Merlin Projects Limited – Appellant
Versus
D.C. Paul Group Construction Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1) |
| 2. court's analysis on prima facie case for injunction. (Para 2 , 3) |
| 3. arguments regarding validity and execution of agreements. (Para 7 , 9 , 10 , 11 , 12 , 14 , 15 , 16 , 19) |
| 4. court's reasoning for balancing equities in injunction. (Para 18 , 21) |
| 5. judgment on injunction's scope and limitations. (Para 20 , 22 , 24 , 25 , 30) |
| 6. final order and disposition of the matter. (Para 26 , 28 , 29 , 32) |
JUDGMENT :
SHAMPA SARKAR, J.
1. The revisional application arises out of an order dated December 6, 2025, passed by the learned District Judge at Alipore, in Misc. Appeal No.404 of 2025. By the order impugned, the learned Appeal Court granted an ad interim injunction. The operative portion is quoted below:-
“Upon hearing the submissions made by the Ld. Advocate for the appellants and upon appraisal of the materials on record, it, prima facie, appears that the respondent nos. 42 and 43 were the Directors of the appellants/companies and the respondent no. 1 was the Director of the appellants/companies till 20th April, 201 and since then, the respondent no. 1 has ceased to be the Director of appellant no.1. Presently, it has been alleged
The court emphasized the need for a careful balance of equities in injunction cases, asserting that blanket injunctions affecting substantial projects must be substantiated with clear justifications.
Transparency and proper communication regarding significant changes in agreements are essential in corporate governance, particularly during member votes.
Point of law: If an injunction is obtained falsely stating that High Court has refused to grant an injunction and when the same is also not considered on main and it will be considered along with mai....
Court ruled that temporary injunctions can enforce development agreements even against minority occupants obstructing redevelopment, especially when prior claims against obstruction were dismissed on....
A plaintiff must demonstrate continued readiness and willingness to perform a contract during the pendency of a suit for specific performance; failure to do so justifies vacating an interim injunctio....
Joint family properties must be protected in partition suits, ensuring the rights of co-sharers against potential losses during ongoing legal disputes.
The court upheld the Developer's right to amend construction plans under the Maharashtra Ownership Flats Act, emphasizing the need to consider balance of convenience and irreparable injury in grantin....
The court emphasized that a plaintiff must demonstrate prima facie ownership, balance of convenience, and risk of irreparable harm to secure a temporary injunction.
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