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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, UDAY KUMAR
Kalishankar Radhey Shyam Trust – Appellant
Versus
Jayshree Wadhawa – Respondent
| Table of Content |
|---|
| 1. appeal against ad interim injunction order. (Para 1 , 2) |
| 2. arguments on the nature of originating summons (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 3. scope and limitations of originating summons procedure. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42) |
| 4. analysis of applicable case law and its implications. (Para 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50) |
| 5. findings on improper exercise of jurisdiction. (Para 53) |
| 6. final order and dismissal of appeal. (Para 54 , 55 , 56 , 57) |
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The present appeal has been preferred against an order dated August 1, 2025, whereby an ad interim injunction was granted restraining the defendants/appellants in an Originating Summons from transferring, alienating, dealing, selling, encumbering or parting with any of the assets including the amounts lying in the bank accounts and the fixed deposits, which are the subject matter of the proceeding, till August 22, 2025.
2. The court is apprised that the said ad interim order was subsequently extended, challenging which another appeal has been preferr
Originating Summons is strictly for declaratory reliefs, not for interim injunctions affecting tangible property rights, thus the learned Single Judge exceeded jurisdiction.
The Court cannot grant interim relief after a certificate for appeal has been issued, as it lacks jurisdiction to modify dismissed orders.
A procedural order calling for pleadings from parties does not constitute a judgment under Chapter VIII R.5 and is not appealable.
Summary judgment under Order XIII-A of CPC cannot be upon inquisition of Court – It is mandatory to serve defendant – Consequences of ‘rejection of plaint’/’return of plaint’ and ‘summary judgment’ a....
A suit originally filed under summary procedure cannot later allow summary judgment under a different procedural order.
Practice and Procedure - No error in decision of Trial Court to take up application under Order VI Rule 17 of CPC for hearing and disposal despite having already heard parties on application under Or....
The proviso in Section 13 of the Commercial Courts Act qualifies the generality of the main provision by providing an exception, and appeals from orders passed in commercial causes would lie only in ....
An appeal against an ad-interim order is maintainable under Order XLIII Rule 1(r) of the CPC, applicable in commercial disputes, affirming that such orders do not preclude appellate jurisdiction.
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