Authority: High Court at Calcutta, Civil Appellate Jurisdiction, Commercial Appellate Division (Appellate Side)

Order Date: 18 September 2026

Case Overview

  • Parties: Appellants – M/s. Grewal Auto Service, a partnership firm & Ors.; Respondent – Bharat Petroleum Corporation Limited (BPCL).
  • Case Numbers: AO‑COM 42 of 2026 with IA No.: CAN 1 of 2026; appeal against order dated 25 August 2026 passed in Misc. Arb (Com)‑56/2026 by the Commercial Court at Rajarhat.
  • Background: The appellants operate a retail outlet on premises licensed by BPCL. BPCL, as lessee of the Syama Prasad Mookerjee Port, Kolkata, faced an eviction order which was subsequently stayed by the High Court. BPCL purportedly terminated the licence agreement with the appellants.
  • Appellants’ Claim: Sought an ad interim injunction to prevent the termination, arguing that without interim protection the arbitration would be rendered ineffective.
  • Respondent’s Defence: Alleged that the appellants violated the contract by mis‑utilising the premises, operating a fast‑food centre and a Maruti service centre in addition to the authorised retail outlet, thereby justifying termination.
  • Lower Court Decision: The learned Commercial Court Judge refused to grant the ex parte ad interim injunction.
  • Appellants’ Argument on Appeal: Contended that the refusal would make the arbitration infructuous and that the eviction stay should protect their rights.

Final Outcome

  • The bench (Hon’ble Judges Debangsu Basak, J. and Aryak Dutt, J.) found no merit to interfere with the lower court’s refusal to grant an ex parte ad interim injunction, noting that the respondent’s defence required evaluation by the trial judge.
  • All points raised by the parties were recorded for consideration, but no order was made to alter the earlier decision.
  • The appeal (AO‑COM 42 of 2026 and IA No.: CAN 1 of 2026) was disposed of without any order as to costs.
  • The judges clarified that their observations would not prejudice either party and would not influence the trial judge’s forthcoming determination.

Topics: Court Proceedings, Contract Dispute, Interim Injunction