HIGH COURT OF TRIPURA AGARTALA CRP No.26 of 2025 Sri Abhijit Debnath ……… Petitioner(s).

V E R S U S Sri Prabir Kumar Majumder and others ……… Respondent(s).

For Petitioner(s) : Mr. Purusuttam Roy Barman, Sr. Advocate, Mr. Dipjyoti Paul, Advocate.

For Respondent(s) : Mr. Bibhal Nandi Majumder, Sr. Advocate, Mr. Debalay Bhattacharya, Sr. Advocate, Mr. Debasish Datta, Advocate, Mr. K. De, Advocate, Mr. Rajib Saha, Advocate.

HON’BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH

Order

30/04/2025 The instant revision petition is directed against the judgment dated 17.02.2025 passed in Misc. Appeal No.01/2023 by the learned District Judge, South Tripura, Belonia under order XLIII Rule 1(r) whereby the learned appellate Court has set aside the order of temporary/interim injunction granted by the learned trial Court vide dated 05.09.2023 in Civil Misc. (Injunction) No.03/2023.

Petitioner under an agreement for sale with the defendant No.1-

owner claims to be running M/s. P.K. Petroleum Agency, the dealership of which was allotted in favour of the defendant No.1 by the Indian Oil Corporation (IOC, for short). It is the case of the plaintiff that in order to ward off the threat of forfeiture of his mortgaged property against a loan taken from IDBI Bank, the respondent No.1 entered into the agreement for sale of the land along with the petrol pump for a consideration of Rs.4,00,00,000/- (Rupees Four Crores) only. Out of that Rs.50,00,000/- (Rupees Fifty Lakhs) only was paid as advance, and till date Rs.2,02,88,904/- (Rupees Two Crore Two Lakh Eighty-Eight Thousand Nine Hundred and Four) only has been paid in total. In the meantime, the plaintiff came to know that the respondent has floated the mortgaged property over which the petrol pump is situated for sale on OLX.Com. Being concerned, he approached the learned trial Court in T.S. No.5/2023 and also prayed for interim injunction through Civil Misc. (Inj.) No.03/2023. By order dated 05.09.2023, the learned trial Court granted a temporary injunction framed in the following manner after hearing the defendant No.1, IOC and the Banks:

“33. Accordingly, the application of the plaintiff-petitioner for temporary injunction is hereby allowed with the following declarations: (i) That the defendant-Ops No. 4 and 5 are hereby directed to authorize the plaintiff-petitioner to operate the Bank account No. 0405050010290 of Punjab National Bank, Sabroom Branch, IFSC Code No. PUNB0040520 in the name of M/S P. K Petroleum Agency, IOC(AOD), and withdraw Cash and Cheque(s) by putting his signature(s) for and on behalf of the defendant-Op No. 1 in terms of the Authorization Affidavit, dated 28.09.2022, till disposal of the instant suit, (ii) That the defendant-Op No. 1 is restrained from alienating the suit property to anyone else than the plaintiff-petitioner, in terms of the Agreement for Sale, dated 16.09.2022, till disposal of the instant suit, (iii) That the defendant-Ops No. 6, 7 and 8 are hereby directed to allow the plaintiff petitioner to run the petroleum pump under the name & style of M/S P.K Petroleum Agency, by reconstituting the dealership of the said petrol pump in favour of the plaintiff-petitioner, on the strength of the Agreement for Salem, dated 16.09.2022 and Irrevocable General Power of Attorney, dated 28.09.2022 executed by the defendant-Op No. 1 in favour of plaintiff-petitioner, (iv) That the defendant-Ops No. 4 and 5 are further directed to act in terms of the Authorization Affidavit, dated 28.09.2022, by allowing the plaintiff-petitioner to operate the Bank account No. 0405050010290 of Punjab National Bank, Sabroom Branch, IFSC Code No. PUNB0040520 in the name of M/S P. K. Petroleum Agency, IOC(AOD), and withdraw Cash and Cheque(s) by putting his signature(s) for and on behalf of the defendant-Op No. 1, along with all other incidental powers flowing from the said Authorization Affidavit, dated

28.09.2022.

34. Thus, the case is disposed of on contest.

35. Make necessary entry in the relevant trial