Sabyasachi Banerjee Vs Asha Mirchandani Waterstreet And Ors. (Calcutta High Court)
The Calcutta High Court disposed of an appeal challenging the refusal of an ad-interim injunction in a suit seeking a declaration that a consent decree dated 23 August 2022 was null and void. The appellant contended that the consent decree had been passed during the moratorium under the Corporate Insolvency Resolution Process (CIRP), which remained in force from 18 July 2022 until the Resolution Professional was discharged on 18 April 2023. It was argued that the decree, passed on 23 August 2022, was without jurisdiction and void. The appellant also claimed rights under an earlier agreement for sale relating to the same immovable property, asserted that over ₹4 crore had already been paid towards the agreed consideration exceeding ₹14 crore, and expressed willingness to deposit the balance consideration.
The respondents pointed out that the injunction application was already fixed for hearing before the Single Judge and that an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 was also pending. The High Court noted that the appeal was confined to examining the refusal of interim protection and that the injunction application was yet to be finally decided.
