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2026 DAILYLAW 26764 (CAL)

MARTIN BURN LIMITED v. ALEXANDRA OCCUPIERS COURT TENANTS AND ASSOCIATION

CO/2030/2026 · 2026-07-01

Hiranmay Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Item- 10. sg 01-07-2026 Ct. 6 CO 2030 of 2026 Martin Burn Limited Versus Alexandra Occupiers Court Tenants & Association Mr. Nirmalya Dasgupta Mr. R.L. Mitra Ms. Priyanka Dhar …for the petitioner Ms. Sudeshna Basu Thakur Mr. Saptarshi Roy …for the opposite party This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an order being No. 2 dated June 2, 2026 passed by the learned District Judge at Alipore in Misc. Appeal No. 127 of 2026. By an order dated 21st April, 2026, the prayer for ad interim order of injunction was refused and being aggrieved by such order, the opposite party preferred a Misc. Appeal being No. 127 of 2026. In connection with the said appeal, the opposite party filed an application for injunction and the learned Judge of the Appellate Court, by the order impugned, passed an ad interim order of injunction for a limited period. Being aggrieved by such order, the defendant has approached this court. After some argument, the learned Advocate appearing for the petitioner submits that since the application for temporary injunction is pending before the learned Trial Judge and the Misc. Appeal is against an ad interim order of injunction, the learned Trial Judge may be directed to dispose of the application for temporary injunction within the specified timeframe. He further submits that the summon of the suit has not yet been served upon the petitioner and the opposite party be directed to serve copies of the plaint and injunction application upon the petitioner within a specified timeframe. The learned Advocate appearing for the opposite party submits that the plaint and the injunction application along with the documents annexed thereto shall be served upon the learned Advocate representing the petitioner before this Court within the time limit as may be fixed by this Court. In the light of the submission made by the learned Advocate for the petitioner, this civil revisional application stands disposed of by requesting the learned Civil Judge (Junior Division), 4th Court at Alipore to dispose of the injunction application as expeditiously as possible but preferably within a period of eight weeks from the next date fixed. The learned Advocate representing the opposite party before this Court is directed to serve copies of the plaint, injunction application and the documents appended thereto to the learned Advocate representing the petitioner before this Court on or before July 7, 2026. The learned advocate for the petitioner assures this Court that it shall enter appearance in the suit on or before July 10, 2026 and file a written objection to the injunction application on or before July 17, 2026. It is well-settled that the consideration at the time of passing of ad interim order of injunction is different from that at the time of deciding an application for temporary injunction. 2 The learned Trial Judge while deciding the application for temporary injunction shall not be influenced by any observation made by the learned Judge of the Appellate Court in the order dated 2nd June, 2026 as well as that this Court has not interfered with the ad interim order of injunction at this stage. Accordingly, this civil revisional application stands disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requite formalities. (Hiranmay Bhattacharyya, J.) 3