NDLI: Samir Naran Bhojwani Vs. M/s Aurora Properties and Investments and Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Injunction: Interlocutory mandatory injunction – When can be granted
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Injunction: Interlocutory mandatory injunction – When canbe granted – Principle of moulding relief – Invocation of – Onfacts, respondent no.1 appointed as developer for developing thesuit property – Thereafter, under an agreement, respondent no.1transferred the benefits of development rights in the suit propertyto respondent no.2 – Subsequently, execution of developmentagreement by respondent no.2 with the appellant whereunderappellant would be entitled to 55% of the total area available forsale buildings and car parking and respondent no.2 retained 45%of the total area – Dispute during the construction of the building –Suit for specific performance by respondent no.1 against appellantand respondent no.2 – Order of mandatory interlocutoryinjunction by both the High Court directing the appellant to handover 8 flats along with 16 parking spaces to respondent no. 1 – Onappeal, held: Interim mandatory injunction can be passed only whencircumstances are clear and prima facie material clearly justify afinding that status quo has been altered by one of the parties to thelitigation and the interest of justice demanded that status quo antebe restored by way of an interim mandatory injunction – On facts,both High Court erred in invoking the principle of moulding ofrelief so also the exercise of power to grant mandatory order at aninterlocutory stage – Mandatory order at interlocutory stage wasin excess of jurisdiction – Such order at an interlocutory stagecannot be countenanced – High Court was swayed away by theconsent agreement between the respondents inter partes to whichthe appellant was not a party – Appellant could not be bound bythe arrangement agreed upon between the respondents inter se butonly by the agreement entered with respondent No.2 and at best thetripartite agreement – Appellant could not be directed to hand over 8 additional flats and 16 parking spaces to respondent No.1 withwhom the appellant had no independent agreement in that regard –Complying with the directions would result in bestowing advantageon respondent No.2 who failed to discharge its obligation underthe agreement with the appellant – Thus, the order passed by theHigh Court is set aside.Principle of moulding relief and interlocutory mandatoryinjunction – Difference between – Held: Principle of moulding ofrelief can be resorted to at the time of consideration of final reliefin the main suit and not at an interlocutory stage – Interlocutorymandatory injunction can be granted only to restore the status quoand not to establish a new set of things differing from the statewhich existed on the date when the suit was instituted.
Judge	Hon'ble Mr. Justice A.M. Khanwilkar
Neutral Citation	2018 INSC 733
Petitioner	Samir Naran Bhojwani
Respondent	M/s Aurora Properties And Investments And Anr.
SCR	[2018] 10 S.C.R. 50
Judgement Date	2018-08-21
Case Number	7079

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