Equitable Relief Of Interim Injunction At A Belated Stage Is Not Proper: Gujarat High Court
2 years, 10 months ago

Equitable Relief Of Interim Injunction At A Belated Stage Is Not Proper: Gujarat High Court

Live Law  

The Gujarat High Court has held that when a party approaches the Court with delay, grant of remedy of interim injunction may not be proper. Justice AP Thaker remarked, "The Plaintiff had also kept silence for almost 8 years in instituting the suit after the execution of the agreement to sell, the equitable relief of interim injunction at a belated stage is not proper one to be granted in the facts and circumstances of the case." It relied on Veetrag Holdings Co. Ltd vs Gujarat State Textile Corporation Ltd wherein the Gujarat High Court had observed: "When it comes to grant of equitable relief when the suit is filed after such a lapse of time, it cannot be said that the remedy of interim injunction was the necessary remedy and there was no other remedy available to the party concerned in this behalf." Further, Justice Thaker remarked: "The Plaintiff had also kept silence for almost 8 years in instituting the suit after the execution of the agreement to sell, the equitable relief of interim injunction at a belated stage is not proper one to be granted in the facts and circumstances of the case."

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History of this topic

Mere Existence Of Arbitration Clause In Agreement Does Not Automatically Bar Jurisdiction Of Civil Court: Gujarat High Court
1 week, 4 days ago

Mere Existence Of Arbitration Clause In Agreement Does Not Automatically Bar Jurisdiction Of Civil Court: Gujarat High Court

Live Law  

The Gujarat High Court bench of Justice Divyesh A. Joshi has held that mere existence of arbitration clause in the agreement does not bar jurisdiction of the civil court automatically. Courts generally construe the provisions strictly when jurisdiction of the civil courts is claimed to be excluded.” It further observed that in ITI Ltd. vs. Siemens Public Communications Network Ltd.,, …

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict
8 months ago

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict

Live Law  

The Supreme Court has voiced its criticism in a matter where the Gujarat High Court reserved a judgment for ten months and ultimately released it because it was not pronounced within a reasonable time. "We hope earnestly that this does not reflect the trend in High Courts in other parts of the country as well", the Supreme Court observed in …

Order VII Rule 11 CPC | Mandatory Injunction Not 'Consequential' To Relief Of Declaration: MP High Court Asks Plaintiff To Pay Separate Court Fee
10 months, 3 weeks ago

Order VII Rule 11 CPC | Mandatory Injunction Not 'Consequential' To Relief Of Declaration: MP High Court Asks Plaintiff To Pay Separate Court Fee

Live Law  

Last week, Madhya Pradesh High Court directed a plaintiff to pay the ad-valorem court fees in a suit for declaration and mandatory injunction since the court found that the injunction sought for was not consequential to the prayer of declaration made. “….the Court has rightly observed that although a declaration was claimed, but by a mandatory injunction claiming whatever amount …

Once High Court Admits A Writ Petition It Cannot Refuse To Consider Prayer For Interim Relief Citing Alternate Remedy: Supreme Court
1 year, 2 months ago

Once High Court Admits A Writ Petition It Cannot Refuse To Consider Prayer For Interim Relief Citing Alternate Remedy: Supreme Court

Live Law  

The Supreme Court has expressed surprise at an order of the Bombay High Court that first admitted a writ petition but then refused to consider prayer for interim relief on the ground that an alternate remedy was available to the party. The Apex Court remitted the matter back to the High Court directing it to consider whether the interim relief …

Well Reasoned Interim Order Of Arbitral Tribunal, Courts Should Not Interfere Under Section 37 Of The A&C Act : Delhi HC
1 year, 5 months ago

Well Reasoned Interim Order Of Arbitral Tribunal, Courts Should Not Interfere Under Section 37 Of The A&C Act : Delhi HC

Live Law  

The High Court of Delhi has held that the Court under Section 37 of the A&C Act should not interfere with a reasoned order of the tribunal granting interim relief based on thorough examination of the matter. Accordingly, the Respondent No.1 invoked the dispute resolution clause and issued a notice for amicable settlement, however, upon the failure of the parties …

Arbitration Clause Extinguishes After Dissolution of Partnership; Gujarat High Court Rejects S.11 Petition
1 year, 7 months ago

Arbitration Clause Extinguishes After Dissolution of Partnership; Gujarat High Court Rejects S.11 Petition

Live Law  

The Gujarat High Court has ruled that once the partnership at will is dissolved, the arbitration clause contained in the partnership deed cannot be invoked to refer the dispute between the partners to arbitration. The court held that the term “dealing” would mean engaging in business and thus, for the dispute to fall within the ambit of the arbitration clause, …

Refusal Of The Defendant To Amicably Settle The Dispute Satisfies The Requirement Of Pre-Litigation Mediation Under Commercial Courts Act: Delhi High Court
2 years, 3 months ago

Refusal Of The Defendant To Amicably Settle The Dispute Satisfies The Requirement Of Pre-Litigation Mediation Under Commercial Courts Act: Delhi High Court

Live Law  

The High Court of Delhi has held that when the plaintiff makes an offer to the defendant to amicably settle the dispute and the defendant refuses the offer then in that circumstance, the requirement of pre-litigation meditation stands satisfied. The Bench of Justice Prathiba M. Singh while reiterating that pre-litigation mediation as provided under Section 12-A of the CCA is …

Merely Because Some Benefit Accrued To Litigant Due To Interim Order, They Cannot Claim Such Benefits When Litigation Ends Against Them: Gujarat HC
2 years, 4 months ago

Merely Because Some Benefit Accrued To Litigant Due To Interim Order, They Cannot Claim Such Benefits When Litigation Ends Against Them: Gujarat HC

Live Law  

A recent order of the Gujarat High Court has clarified that merely because of some benefit has accrued to the litigant because of operation of interim orders, the litigant cannot claim such benefits when the litigation finally ends against them. Considering this well-settled principle of law, Justice Biren Vaishnav declined to entertain a second appeal challenging the order of the …

A Party Cannot Circumvent The Dispute Resolution Process After Agreeing On The Same: Gujarat High Court
2 years, 6 months ago

A Party Cannot Circumvent The Dispute Resolution Process After Agreeing On The Same: Gujarat High Court

Live Law  

The Gujarat High Court has held that a party cannot circumvent the dispute resolution process after agreeing on the same. The Court held that party is bound to follow the mechanism provided under the arbitration clause that requires it to first raise the dispute before the DRC and pre-deposit the amount in dispute if no challenge is made to the …

Suit For Injunction In Respect Of Immovable Property Not Abated On Death Of Parties: Karnataka High Court
2 years, 7 months ago

Suit For Injunction In Respect Of Immovable Property Not Abated On Death Of Parties: Karnataka High Court

Live Law  

The Karnataka High Court has said that in a suit relating to grant of injunction in respect of an immovable property, the right to sue is not personal to the plaintiff but survives to his legal representative and the suit for injunction would not therefore abate on the death of the parties. Referring to Section 2 of CPC, which is …

Second Section 9 Application, Relief Can't Be Granted As It Would Amount To Main Relief In Arbitration :Gujarat High Court
2 years, 7 months ago

Second Section 9 Application, Relief Can't Be Granted As It Would Amount To Main Relief In Arbitration :Gujarat High Court

Live Law  

The Gujarat High Court has ruled that once an application under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim measures has been disposed of, a subsequent similar application seeking similar reliefs, which were already dealt with in the earlier proceedings, is not maintainable. Thereafter, the appellant filed an application under Section 9 of the A&C Act for …

Gujarat High Court Weekly Round-Up [7 February - 13 February 2022]
2 years, 10 months ago

Gujarat High Court Weekly Round-Up [7 February - 13 February 2022]

Live Law  

Encroachment Over Public Land Can't Be Retained Citing Right To Shelter: Gujarat High Court Case Title: Bandhkaam Mazdoor Sangathan vs State Of GujaratCase citation: 2022 LiveLaw 26While dismissing a PIL seeking to restrain the Railway authority from evicting slum dwellers until rehabilitation, the Gujarat High Court has held that the right to shelter is not a ground to. Encroachment Over …

IT Rules 2021 : Bombay High Court Asks Centre To File A Short Affidavit On Why Interim Relief Should Not Be Granted
3 years, 4 months ago

IT Rules 2021 : Bombay High Court Asks Centre To File A Short Affidavit On Why Interim Relief Should Not Be Granted

Live Law  

The Bombay High Court on Tuesday asked the Union of India to file a short affidavit stating why interim relief shouldn't be granted in two petitions seeking a stay on the recently notified Information Technology Rules, 2021 A bench of Chief Justice Dipankar Datta and Justice GS Kulkarni was hearing a petition by AGIJ Ltd, which owns legal news website …

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