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.