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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Aristocrat International Private Limited – Appellant
Versus
Gouri Shankar Sharma – Respondent
JUDGMENT :
Hiranmay Bhattacharyya, J.
1. This application under Article 227 of the Constitution of India is at the instance of the defendants and is directed against an order being no. 5 dated September 4, 2025 passed by Learned Civil Judge (Junior Division), 1st Court at Barasat, Dist. North 24 Parganas in Title Suit no. 1175 of 2025.
2. By the order impugned, the application under Section 151 of the Code of Civil Procedure filed by the opposite party Nos. 1 and 2 herein praying for implementation of the order of ad interim injunction with police help was allowed.
3. The opposite party nos. 1 and 2 herein filed a suit for declaration that the letter dated July 3, 2025 issued by the petitioner no. 2 as managing director of the petitioner no. 1 company for cancellation of LOI dated September, 30, 2024 is illegal, arbitrary, bad in law and not binding upon the Opposite party no.1 and 2 and for permanent injunction restraining the petitioner and their men and agent from causing any obstruction in the day to day affairs while running the hotel business and the management of the petitioner no. 1 company in accordance with MOU dated 10.12.2024 without any obstruction or claim from the peti
An ad interim injunction order cannot be enforced with police assistance unless the parties' rights have been unambiguously determined at an interlocutory stage.
Court emphasized that police assistance for enforcing injunction should be based on established possession and proper findings, rejecting reliance on mere allegations.
Police aid in civil matters requires substantial evidence of threat or violation, not mere claims. Courts exercise this power with caution and discretion, emphasizing the need for a high standard of ....
Courts may direct police assistance under inherent powers to enforce interim status quo orders, upholding their majesty and protecting vulnerable parties like senior citizens from interference and di....
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