Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908:Order 39, rr. 1 and 2-Interim injunction-Iron ore mine-Contractor-Continuing mining activities claiming renewal of contract by conduct-New contractor filing a suit claiming that mining lease owner had refused to renew the contract of old contractor and entered into. a fresh contract with him-High Court granted interim injunction in favour of new contractor-Held, the suit is pending for trial on merits-On the basis of three established principles for grant of temporary injunction e.g., prima facie case, balance of convenience and irreparable loss, it would not be appropriate to interfere with the order of High Court at the present stage of the suit and disturb the working of the mine by the new contractors who have already commenced operations and stated to have entered into business commitments for supply of iron ore to different parties in and outside India-However, the High Court ought not to have granted unconditional order of temporary injunction by ignoring the huge investments which have been made by the old contractor to operate the mine under an existing arrangement and alleged renewal of the contract by their mutual conduct-The temporary injunction passed by the High Court is accordingly modified with addition of certain conditions. Provash Chandra Dalui and Anr. v. Biswanath Banerjee and Anr., (1989] Supp. 1 SCC 487 and State of U.P. and Ors: v. Lalji Tandon (dead) through Lrs., (2004) 1 SCC 1, cited. Gardner v. Blaxill, (1960) 2 All ER 457, cited. |
Judge | Hon'ble Mr. Justice D.M. Dharmadhikari |
Neutral Citation | 2004 INSC 175 |
Petitioner | Hardesh Ores Pvt. Ltd. |
Respondent | Timblo Minerals Pvt. Ltd.,and Ors. |
SCR | [2004] 2 S.C.R. 1212 |
Judgement Date | 2004-03-16 |
Case Number | 8586-8587 |
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