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2025 Supreme(Cal) 759

IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, SUPRATIM BHATTACHARYA
Ashok Saraf – Appellant
Versus
Asansol Durgapur Development Authority – Respondent


Advocates Appeared:
For the Appellant : Mr. Abhrajit Mitra, Ld. Sr. Adv., Mr. Suddhasatva Banerjee, Mr. Aritra Basu, Mr. Shashwat Nayak, Mr. Pratik Bagaria, Ms. Rituparna Chatterjee, Ms. Shuchismita Datta, Ms. Megha Yadav
For the Respondent: Mr. Sharanya Chatterjee, Mr. Subhajit Barman

JUDGMENT :

SABYASACHI BHATTACHARYYA, J.

1. These appeals arise out of two successive orders passed in the same suit and, as such, are taken up together for hearing.

2. By the first order dated May 17, 2025, impugned in FMA 1484 of 2025, the learned Trial Judge refused to grant ad interim injunction on an application filed by the plaintiffs/appellants for temporary and ad interim injunction restraining the defendant/respondent from taking any coercive steps against the plaintiffs and/or demanding or claiming any amount by way of penalty in terms of Clause 9 of the MOU dated June 7, 2007 and from issuing any fresh demand notices or communications to the plaintiffs claiming penalties under the said clause or from initiating any proceedings on the basis of the same.

3. By the second order dated June 9, 2025, challenged in FMA 1485 of 2025, the learned Trial Judge refused to grant ad interim injunction on the second application filed by the plaintiffs/appellants for temporary and ad interim injunction restraining the defendant/respondent from giving effect to and/or acting upon an order dated May 16, 2025 and/or from taking any coercive or consequential steps including the recovery, threat

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