Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit for specific performance Interim injunction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Injunction:Interim injunction – A suit for specific performance – Alleging that defendant created third party rights, while the contract for sale of suit lands had stood concluded – Trial court by interim injunction restrained the defendants from executing any further documents or to deal with the suit land in any manner – High Court affirmed the order of injunction – Appeal to Supreme Court – Held: A plaintiff seeking temporary injunction in a suit for specific performance has to establish a strong prima facie case on the basis of undisputed facts – Conduct of plaintiff , balance of convenience and irreparable injury is also very essential to be considered – In the facts of the present case, whether there existed a concluded contract is a matter of trial – The plaintiff had failed to prove that there was a concluded contract and/or an oral contract by inference – Therefore, the grant of injunction in the present case is unsustainable. |
Judge | Hon'ble Mr. Justice Navin Sinha |
Neutral Citation | 2020 INSC 4 |
Petitioner | Ambalal Sarabhai Enterprise Limited |
Respondent | Ks Infraspace Llp Limited And Another |
SCR | [2020] 1 S.C.R. 315 |
Judgement Date | 2020-01-06 |
Case Number | 9346 |
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