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IN THE HIGH COURT AT CALCUTTA
Sabyasachi Bhattacharyya, Supratim Bhattacharya
Poonam Mali – Appellant
Versus
Burrabazar Fee Parking Co-operative Society Limited – Respondent
| Table of Content |
|---|
| 1. appellant's claim to operate parking zone. (Para 1 , 6 , 8 , 9 , 17 , 30) |
| 2. challenge to prior injunction and agreements. (Para 2 , 3 , 4 , 7 , 32) |
| 3. disputed parking fee amounts and agreements. (Para 10 , 11 , 12 , 18 , 20) |
| 4. assessment of evidence for temporary injunction. (Para 16 , 39 , 41) |
| 5. court orders dismissal of the appeals. (Para 55 , 56 , 57) |
JUDGMENT :
In Re: FMAT 433 of 2025 With CAN 1 of 2025, CAN 2 of 2025
1. The present appeal arises out of a suit filed by the plaintiff/appellant for declaration that the plaintiff/appellant is a bona fide parking fee collecting agent under the defendant no.1/respondent no.1 and has the right to continue to run the fee parking zone at Jogendra Kabiraj Row (eastern side) and for ancillary reliefs.
2. Learned counsel appearing for the appellant submits that the learned Trial Judge initially refused ad interim injunction, against which an appeal was preferred before this court.
3. A Division Bench of this court, vide order dated February 17, 2025 passed in the said appeal bearing FMAT 175 of 2024, had allowed the appeal, thereby setting aside the order impugned therein and granting ad interim injunction restraining the d
An interim injunction can be vacated if the party does not comply with the agreed terms, reinforcing the importance of adherence to preconditions for maintaining such relief.
The Court emphasized the high standard required for the grant of a temporary mandatory injunction and the need to consider irreparable harm and balance of convenience. It also highlighted that such r....
For applying the maxim actus curiae neminem gravabit it has to be shown that any party has been prejudiced on account of any order passed by the Court.
Writ jurisdiction under Article 226 not invocable for pure contractual disputes with fixed terms; civil court remedy appropriate.
An ad interim injunction order cannot be enforced with police assistance unless the parties' rights have been unambiguously determined at an interlocutory stage.
The court emphasized the necessity of assessing the prima facie case and balance of convenience in granting ad-interim injunctions, highlighting procedural adherence in lower courts.
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