Back
IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI
DEBANGSU BASAK, CHAITALI CHATTERJEE (DAS)
Ratan Kumar Agarwal – Appellant
Versus
Asmi Construction – Respondent
JUDGMENT :
DEBANGSU BASAK, J.
1. Appeal is at the behest of a plaintiff and directed against Order No. 2 dated December 3, 2025 passed in Title Suit No. 133 of 2025. Appellant is aggrieved by the refusal of ad-interim temporary injunction by the learned Trial Judge.
2. Appellant entered into a development agreement dated September 28, 2018 with the respondent.
3. The appellant contends that the respondent did not act in terms of the development agreement. Appellant, therefore, filed a suit being Title Suit No. 133 of 2025 in the Court of the learned Civil Judge, Senior Division at Siliguri seeking cancellation of the development agreement dated September 28, 2018.
4. Coordinate Bench in the appeal passed orders dated December 16, 2025 and December 22, 2025. Coordinate Bench granted interim order of injunction in the appeal.
5. In order to grant an order of injunction, in a pending suit, a Court is required to return a finding on the existence of three essential conditions, namely, prima facie case, balance of convenience and the question of irreparable loss, if the injunction as prayed for is not granted. While considering the existence of a prima facie case, a Court is required to also
Point of law: Section 2(1)(c) of Act, 2015 defines what is meant by ‘commercial dispute’ and instances are mentioned in various clauses incorporated therein. ‘Commercial dispute’ means a dispute aris....
The main legal point established in the judgment is the conditions for granting specific performance of a development agreement, including the need for a substantial interest in the performance of th....
The court reaffirmed that disputes involving contracts for construction and development, such as the MOU in question, fall within the jurisdiction of commercial courts under the Commercial Courts Act....
A suit for specific performance of an MOU regarding redevelopment of residential property does not constitute a commercial dispute under the Commercial Courts Act if the property is not used exclusiv....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
