IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CIVIL APPELLATE JURISDICTION

APPELLATE SIDE

Present:

The Hon’ble Justice Debangsu Basak

And

The Hon’ble Justice Chaitali Chatterjee (Das)

F.M.A.T. 26 of 2025

Ratan Kumar Agarwal

Vs.

M/s Asmi Construction & Ors.

With

IA No.: CAN 1 of 2025

For the Appellant : Ms. Reshmi Ghosh, Advocate (through VC)

Mr. Deborshi Dhar, Advocate

Mr. Prana Mukherjee, Advocate

Heard & Judgment on : January 6, 2026

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 Ben