Authority: Calcutta High Court, Commercial Appellate Division
Order Date: July 9, 2026
Case Overview
- Parties: Appellant Triloka Sardar (alias Tiloka Sardar) represented by Mr. Sounak Bhattacharya and Ms. Bipasha Bhattacharyya; Respondents: Subarna Enterprise & others represented by Mr. Tanmoy Mukherjee, Mr. Souvik Das, and Mr. Rudranil Das.
- The appeal (AO‑COM 23 of 2026) was filed under Section 9 of the Arbitration and Conciliation Act, 1996 against Order No. 2 dated May 2, 2026 of the Commercial Court at Alipore, which had refused an ad‑interim injunction in favour of the appellant.
- Under a development agreement, nine owners (including the appellant) held two cottahs of land that were later amalgamated with other parcels to form approximately 14 cottahs. The appellant and eight co‑owners were each entitled to 1,200 sq ft of the developed area.
- The developer issued notices to all nine owners, including the appellant, offering to hand over the 1,200 sq ft of developed area.
- The appellant alleged non‑possession of the area and non‑payment of consideration recorded in the deed, seeking interim protection.
- The appellant’s counsel later stated that the appellant was not ready to take possession of the 1,200 sq ft.
- The court observed that the appellant had not yet referred the dispute to arbitration, and that other co‑owners had filed a title suit without obtaining relief, raising a possibility of the appellant being set up by co‑owners.
Final Outcome
- The bench (Justices Debangsu Basak and Md. Shabbar Rashidi) found no merit in the appeal and dismissed AO‑COM 23 of 2026 along with the connected application (CAN 1 of 2026) without any order as to costs.
Topics: Arbitration, Land Development, Injunction