Supreme Court of India · 2002-07-09
Hindustan Petroleum Corporation Ltd vs Sri Sriman Narayan & Anr
- Citation / case number
- AIR 2002 SUPREME COURT 2598
- Court
- Supreme Court of India
- Petitioner
- Hindustan Petroleum Corporation Ltd
- Respondent
- Sri Sriman Narayan & Anr
- Author
- D.P.Mohapatra
- Bench
- D.P.Mohapatra, Shivaraj V.Patil
Judgment text excerpt
The Supreme Court upheld the High Court's order allowing the plaintiff's appeal under Order 43 Rule 1(r) of the Civil Procedure Code, which challenged the Trial Court's refusal to grant an interim injunction. The Court emphasized that the plaintiff, as a licensee, could not seek an injunction against the licensor, and found that the Trial Court correctly determined that the plaintiff failed to establish a prima facie case or demonstrate irreparable loss. The Court affirmed the Trial Court's findings regarding possession and the nature of the plaintiff's rights, leading to the dismissal of the appeals by the defendant.