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may 1997

Supreme Court of India · 1997-05-05

AGRL.PRODUCE MKT.COMMITTEE GONDAL&ORS vs GIRDHARBHAI R CHHANIYARA

Citation / case number
SC 1997/1801
Court
Supreme Court of India
Petitioner
AGRL.PRODUCE MKT.COMMITTEE GONDAL&ORS
Respondent
GIRDHARBHAI R CHHANIYARA
Author
D.P. WADHWA K. RAMASWAMY
Bench
D.P. WADHWA K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that under the Gujarat Agricultural Produce Markets Act, 1963, the respondents do not possess a concluded right to seek enforcement against the Market Committee for the allotment of shops. The Court emphasized that preventive relief under Section 36 of the Specific Relief Act, 1963, is discretionary and that the respondents' claim for injunction lacks merit as they are only entitled to apply for allotment, not to enforce any right. Consequently, the appeal was allowed, overturning the High Court's decision to grant an interim injunction.

AGRL.PRODUCE MKT.COMMITTEE GONDAL&ORS vs GIRDHARBHAI R CHHANIYARA · Niyam