Citation : 2026 Latest Caselaw 1635 Cal/2
Judgement Date : 9 March, 2026
O-28
APOT/311/2025
IA No.GA/1/2025
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
Original Side
SQUARE FOUR ASSET MANAGEMENT
AND RECONSTRUCTION CO. PVT.
LTD.
-VERSUS-
ARUN PROPERTIES LLP AND ORS.
BEFORE :
THE HON'BLE JUSTICE DEBANGSU BASAK
And
THE HON'BLE JUSTICE MD. SHABBAR RASHIDI
Date : 9th March, 2026.
Appearance:
Mr. Rohit Das, Adv.
Mr. Kaushik Banerjee, Adv.
Ms. Sudipta Seal, Adv.
Ms. Sarbani Ghosal, Adv.
...for the appellant.
Mr. Utpal Bose, Sr. Adv.
Mr. Dhruba Ghosh, Sr. Adv.
Mr. Souvik Majumdar, Adv.
Ms. Ananyapurba Banerjee, Adv.
...for the respondent.
Mr. Rachit Lakhmani, Adv.
Mr. Swapan Nath, Adv.
...for the respondent no.6.
The Court :- Appeal is at the behest of two of the defendants in a suit
for administration and management of a building.
Impugned order is ad interim in nature. Injunction application is yet
to be finally decided.
By the impugned order, the learned Single Judge permitted the
plaintiffs to replace the defective transformer on the terms and conditions laid
down therein.
Since the order appealed against is ad interim in nature and since
the application is yet to be finally decided, we are not minded to interfere at
this stage.
We clarify that in the event the plaintiffs act in terms of the impugned
order and in the event the learned single charge is pleased to grant relief which
requires installation of the transformer at a different place, then the cost of
installation of the transformer in terms of the order impugned, will be borne
entirely by the plaintiffs.
APOT/311/2025 along with the connected application is disposed of
without any order as to costs.
All points raised by the parties are kept open.
(DEBANGSU BASAK, J.)
(MD. SHABBAR RASHIDI, J.)
A/s.
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