Khetawat Towers Llp v. Patcorp Construction Pvt Ltd And ORS

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION 29.09.2022 F.M.A.T. 417 of 2022 With CAN 1 of 2022 Khetawat Towers LLP Vs.

Patcorp Construction Pvt. Ltd. And Ors.

Mr. Abhrajit Mitra, Sr. Advocate Mr. S. Bhattacharji Mr. S. Bhagat Ms. S. Swadika Ms. Y. Agarwal ... For the Appellant. Mr. Ahin Chowdhury, Sr. Advocate Mr. S. Banerjee Mr. Rituparna Chatterjee .......... For the Respondent Nos. 2 and 3. Mr. Rishad Medona Mr. Abhradip Jha ... For the Respondent no. 1. Re: CAN 1 of 2022 Having heard learned counsel for the parties, we propose to dispose of this appeal and the connected application by the following order, after dispensing with all formalities.

We record the submission of Mr.

Ahin Chowdhury, learned senior advocate appearing for the respondent nos. 2 and 3 that his clients would not till the matter is taken up by the learned court below enter into any agreement or other relationship with the respondent S.D.

no. 1.

The respondent no. 4 is not before us. We direct that she will maintain the status quo existing today with

regard to her involvement in the subject agreement dated 12th December, 2014 till the matter is taken up by the learned court.

We thought that this would suffice as an interim order. But Mr. Mitra learned senior advocate appearing for the appellant petitioner expresses the apprehension that the respondent nos. 2 and 3 might enter into an agreement with the another legal entity set up by the respondent no. 1 so as to render the effect of the statement by Mr. Chowdhury infructuous. As of now there appears to be no basis for this apprehension. We observe and direct that the status quo with regard to the development agreement dated 12th December, 2014 which is sought to be achieved by virtue of the said statement of learned counsel will be maintained by the parties till the matter is considered by the learned court below.

The learned court below has fixed the matter on 8th December, 2022 for hearing the injunction application. Let it be so heard by the said court.

The appeal FMAT 417 of 2022 and the connected application CAN 1 of 2022 are disposed of. (I.P. Mukerji, J.) (Biswaroop Chowdhury, J.)