Calcutta High Court Sets Aside Ad-Interim Injunction In JW Marriott Basement Club Dispute Over Lack Of Territorial Jurisdiction
The Calcutta High Court has set aside an ad-interim injunction granted by the City Civil Court in a contractual dispute concerning the “GOLD” club operating from the basement of JW Marriott, Kolkata, holding that the Trial Court lacked territorial jurisdiction.A Division Bench of Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya, hearing FMAT 495 of 2025 (Fabwarth Promoters Pvt...
The Calcutta High Court has set aside an ad-interim injunction granted by the City Civil Court in a contractual dispute concerning the “GOLD” club operating from the basement of JW Marriott, Kolkata, holding that the Trial Court lacked territorial jurisdiction.
A Division Bench of Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya, hearing FMAT 495 of 2025 (Fabwarth Promoters Pvt Ltd v. Fire Events & Ors.), observed that since the business premises and contractual performance were located at JW Marriott, Tangra/Pragati Maidan Police Station, jurisdiction lay with courts at Alipore and not the City Civil Court at Calcutta.
Rejecting the plaintiffs' plea that jurisdiction was attracted because the email terminating the agreement was received at their Old Court House Street office within city limits, the Bench held that:
“The receipt of the email carrying the termination would have no germane bearing whatsoever on the jurisdiction of the Court.”
Referring to ONGC v. Utpal Kumar Basu, the Court clarified that termination occurs when the decision to determine the contract is taken and communicated, which in this case occurred outside the City Civil Court's limits.
The Bench noted that the reliefs—including declaration of right to access the premises, injunction restraining third-party rights and payment of 50% of average invoices—were in substance corporeal reliefs concerning an immovable property, and the plaintiffs' remedy lay in damages.
Finding that the Trial Court “acted beyond jurisdiction” in granting injunction without first addressing the territorial objection, the High Court set aside the order dated 11 November 2025, and directed expeditious disposal of the pending Order VII Rule 11 application within four working weeks, followed by reconsideration of the injunction application.
Case: Fabwarth Promoters Pvt. Ltd. Vs. FIRE EVENTS and Ors
Case No: FMAT 495 of 2025