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Calcutta High CourtAPOT/311/2025disposed

Square Four Asset Management And Reconstruction Co Pvt Ltd v. Arun Properties Llp And ORS

2026-03-09Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

O-28 APOT/311/2025 IA No.GA/1/2025

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction Original Side SQUARE FOUR ASSET MANAGEMENT AND RECONSTRUCTION CO. PVT.

LTD.

-VERSUSARUN PROPERTIES LLP AND ORS.

BEFORE :

THE HON'BLE JUSTICE DEBANGSU BASAK And THE HON'BLE JUSTICE MD. SHABBAR RASHIDI Date : 9th March, 2026.

Appearance:

Mr. Rohit Das, Adv.

Mr. Kaushik Banerjee, Adv.

Ms. Sudipta Seal, Adv.

Ms. Sarbani Ghosal, Adv.

...for the appellant.

Mr. Utpal Bose, Sr. Adv.

Mr. Dhruba Ghosh, Sr. Adv.

Mr. Souvik Majumdar, Adv.

Ms. Ananyapurba Banerjee, Adv.

...for the respondent.

Mr. Rachit Lakhmani, Adv.

Mr. Swapan Nath, Adv.

...for the respondent no.6.

The Court :- Appeal is at the behest of two of the defendants in a suit for administration and management of a building. Impugned order is ad interim in nature. Injunction application is yet to be finally decided.

By the impugned order, the learned Single Judge permitted the plaintiffs to replace the defective transformer on the terms and conditions laid down therein.

Since the order appealed against is ad interim in nature and since the application is yet to be finally decided, we are not minded to interfere at this stage.

We clarify that in the event the plaintiffs act in terms of the impugned order and in the event the learned single charge is pleased to grant relief which requires installation of the transformer at a different place, then the cost of installation of the transformer in terms of the order impugned, will be borne entirely by the plaintiffs.

APOT/311/2025 along with the connected application is disposed of without any order as to costs.

All points raised by the parties are kept open. (DEBANGSU BASAK, J.) (MD. SHABBAR RASHIDI, J.) A/s.