Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Injunction: Suit for declaration mandatory injunction c rendition of accounts and permanent injunction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Injunction: Suit for declaration, mandatory injunction, rendition of accounts and permanent injunction - Interim order of temporary injunction by trial court - Trial court ordered that the appellants-applicants and non-applicants no. 1 to 31 and 36 to 43 shall not sell/transfer the immovable properties as mentioned in Schedule "Ka" to "Cha" and nor shall they create any substantial charge on the said properties and the Companies/Partnership firms controlled and run by the parties of which details have been given in Schedule "Ka" to "Cha" regarding them the audited accounts of income and expenditure shall be presented before the Court - High Court perused the family settlement and modified the interim order and set aside the temporary injunction granted in favour of appellants and confirmed that part of the order requiring production of audited/unaudited accounts of the companies! partnership firms run by the parties - On appeal, held: In the instant case, the parties have raised similar pleas which were taken before the High Court - However, while dealing with . matter relating to vacation of order of temporary injunction, it was not open for the High Court to give a finding on the main issue relating to maintainability of the suit and the family settlement reached between the parties - The impugned judgment is set aside - Matter remitted to High Court for fresh disposal.. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2014 INSC 518 |
Petitioner | Babu Lal & Ors. |
Respondent | M/s Vijay Solvex Ltd. & Ors. |
SCR | [2014] 6 S.C.R. 1128 |
Judgement Date | 2014-08-04 |
Case Number | 7174 |
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