BHARGAV SALES PRIVATE LIMITED v. DIGNITY SALES PRIVATE LIMITED AND ORS
FMA/325/2026 · 2026-07-27
Chaitali Chatterjee Das, Ravi Krishan Kapur
body2026
DailyLaw.ai
[ 2026 DAILYLAW 30868 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 30868 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
27.07.2026 Ct. No. 17 Sl. No. 16 RANJAN FMA 325 of 2026 IA No: CAN 1 of 2026 (ASSIGNED MATTER)
BHARGAV SALES PRIVATE LIMITED VS. DIGNITY SALES PRIVATE LIMITED AND ORS. Mr. Sukanta Chakraborty
Mr. Anindya Halder
.......for the appellant
Mr. Abhrajit Mitra Mr. Aniruddha Chatterjee
Mr. Rahul Karmakar Mr. Satadup Bhattacharyya
Mr. Abir Lal Chakraborty
Ms. Sriparna Mitra Ms. Srijita Ghosh
Mr. Pourush Kanti Pal
Mr. Debdut Hore
Ms. Sriparna Mitra Ms. S. Datta
.......for the respondent no. 1 and 2
1. The suit is for declaration and consequential relies. The grievance of the appellant is directed against an ad interim order dated 19.01.2026. 2. Briefly, the suit premises is owned by Mihir Kumar Mondal, the defendant no. 11 herein. During the lifetime of the predecessor-of-interest of the defendant no. 11, one Sabitri Bala Dasi had executed a deed of lease in the year 1968 in favour of the defendant no. 3 who subsequently executed several sub-leases and thereby inducted the defendant nos. 4 to 10. 2
3. It is alleged that in or about 2016, the plaintiff at the invitation of defendant no. 11 agreed to develop the entire land at its own costs and thereby incurred huge expenses. Subsequently, it is alleged that a settlement agreement had been entered into between the parties and a prior suit was also filed which was withdrawn by appellant/plaintiff for non prosecution. Disputes and differences having arisen between the plaintiff and the developer being the defendant no. 2, the instant suit had been filed. 4. The suit was filed early in January, 2026 when the impugned order dated 19 January 2026 refusing to pass any interim relief was passed. This appeal had been filed in April, 2026. Keeping in mind, the balance of convenience and primarily on the ground that the matter is at large before the Trial Court, we are not inclined to interfere at this stage of the proceedings. 5. It is made clear that we have not gone into the merits of the case and the Trial Court is to dispose of the interlocutory application positively within a month from the date of communication of this order. 6. By consent of the parties, the respondents are directed to file the Affidavit-in-Opposition by
03.08.2026. Reply, if any by 10.08.2026.
The
3 appellant is forthwith directed to serve a notice on all the respondents intimating them of the passing of this order. 7. It is made clear that the Trial Court is not to grant any unnecessary adjournments to either of the parties. 8. With the above directions, FMA 325 of 2026 alongwith the connected application being CAN 1 of 2026 stands disposed of. [RAVI KRISHAN KAPUR, J.]
[CHAITALI CHATTERJEE (DAS), J.]