Sl.17 17.08.2026 Court No.6 BP C.O. 2649 of 2026 Agarwal Pipe and Fittings & Anr. -versus- AU Small Finance Bank Limited & Anr. Mr. Arijit Bardhan Mr. Avirup Chatterjee Mr. Rishov Das ..for the petitioners Mr. Siddhartha Banerjee Mr. Avishek Guha Ms. A. Dutta ..for the opposite parties This application under Article 227 of the Constitution of India is at the instance of a borrower and is directed against the order dated 10th July, 2026 passed by the learned Additional District Judge, 2nd Court at Sealdah in Misc. Appeal No. 27 of 2026. The petitioners filed a suit for declaration that the show cause notice dated 20th September, 2025; reply dated December 5, 2025 and the order dated 10th February, 2026 are bad in law without jurisdiction, invalid and for a further declaration that the report of the forensic auditor is invalid and could not have been acted upon. The petitioners filed an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure and sought for an ad interim order of injunction. The learned trial judge 2 by an order dated 21st May, 2026 refused to pass an ad interim order of injunction. Being aggrieved by refusal to pass an ad interim order of injunction, the petitioners preferred a Miscellaneous Appeal being No. 27 of 2026 and sought for an ad interim order of injunction. The learned judge of the appellate court refused to pass an ad interim order of injunction and directed notice to be issued to the opposite parties herein. This Court finds that 20th August, 2026 has been fixed before the learned judge of the appellate court for appearance. Mr. Banerjee, learned advocate appears for the opposite parties and prays that a copy of this civil revisional application be served upon him. Considering the fact that 20th August, 2026 is the date fixed before the learned judge of the appellate court, this Court is not inclined to enter into the merits of the matter. The petitioners are directed to serve a copy of the plaint, the injunction application, the memorandum of appeal of Misc. Appeal No. 27 of 2026 and the application filed in the said miscellaneous appeal along with a copy of the civil revisional application upon the learned advocate on record of the opposite parties in course of this day. On instructions, Mr. Banerjee, learned advocate for the opposite parties assures this Court that the opposite parties shall enter appearance in the miscellaneous appeal on or before 20th August, 2026. 3 It will be open to the opposite parties to file any written objection to the application for injunction in the meantime. At this stage, Mr. Bardhan, learned advocate appearing for the petitioners submits that since the prayer for ad interim order of injunction has been refused, the learned judge of the appellate court be directed to consider the ad interim prayer as expeditiously as possible. The learned Additional District Judge, 2nd Court at Sealdah is requested to fix an early date of hearing of the application after affording an opportunity to the opposite parties to file a written objection. The learned judge of the appellate court is requested to dispose of the miscellaneous appeal as expeditiously as possible without granting any unnecessary adjournments to either of the parties. It is, however, made clear that the learned judge of the appellate court shall decide the application for injunction as well as the miscellaneous appeal without being swayed by the observations made by the learned trial judge while refusing the ad interim prayer for injunction as well as the observations made in the impugned order. With the above observations and directions, C.O. 2649 of 2026 stands disposed of. There shall be, however, no order as to costs. 4 Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Hiranmay Bhattacharyya, J.)