Cholamandalam Finance Wins Appeal Over Rs 20k Injunction

Authority: High Court at Calcutta, Civil Appellate Jurisdiction

Order Date: 28 July 2026

Appeal filed as FMAT 233 of 2026 by Cholamandalam Investment & Finance Company Ltd. (appellant) against Order No. 2 dated 20 April 2026 in Title Suit No. 726 of 2026.
The dispute concerns a motor vehicle hired by the plaintiff/respondent, Atinur Rahaman, from the appellant.
The appellant alleges an arbitration agreement exists between the parties, which the respondent allegedly suppressed.
The impugned order was an ex‑parte ad interim injunction restraining the appellant from taking possession of the vehicle, conditional upon the respondent depositing Rs 20,000 per month; failure to deposit would automatically vacate the injunction.
The respondent did not deposit the stipulated amount.
The appeal had not been served on the respondent, but the court chose to dispose of the appeal based on the material before it.
The court affirmed that the learned trial judge’s discretion in granting the injunction was proper and found no ground to interfere.
The application under Sections 5 & 8 of the Arbitration and Conciliation Act, 1996 filed by the appellant will be decided in due course.
The court expressly stated that all points raised by the parties remain open for determination by the trial judge, without being influenced by the present observations.

The appeal (FMAT 233 of 2026) and the connected applications (CAN 1 of 2026 and CAN 2 of 2026) are disposed of.
The ex‑parte ad interim injunction remains in force pending the respondent’s deposit of Rs 20,000 per month; it will be automatically vacated only upon such deposit.
No merits of the appeal were adjudicated; the matter is left to the trial judge for further determination, including the arbitration application.

Topics: Legal, Arbitration, Injunction