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january 1997

Supreme Court of India · 1997-01-20

NEW KENILWORTH HOTEL P. LTD vs ORISSA STATE FIN. CORPN.

Citation / case number
SC 1996/79087
Court
Supreme Court of India
Petitioner
NEW KENILWORTH HOTEL P. LTD
Respondent
ORISSA STATE FIN. CORPN.
Author
G.T. NANAVATI K. RAMASWAMY
Bench
G.T. NANAVATI K. RAMASWAMY

Judgment text excerpt

The Supreme Court ruled that the right of appeal is governed by statute, specifically Section 104(2) of the Code of Civil Procedure, 1908, which prohibits a second appeal against orders related to interim injunctions. The Court held that the order of status quo granted by the trial court was an interlocutory order and thus not appealable under the Letters Patent as per Clause 10. Consequently, the appeals were dismissed as not maintainable, affirming the High Court's decision.

NEW KENILWORTH HOTEL P. LTD vs ORISSA STATE FIN. CORPN. · Niyam