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september 2004

Supreme Court of India · 2004-09-10

Metro Marins & Anr vs Bonus Watch Co. Pvt. Ltd. & Ors

Citation / case number
AIR 2005 SUPREME COURT 1444
Court
Supreme Court of India
Petitioner
Metro Marins & Anr
Respondent
Bonus Watch Co. Pvt. Ltd. & Ors
Bench
N. Santosh Hegde, S.B. Sinha, A.K. Mathur

Judgment text excerpt

The Supreme Court held that the Appellate Court's order granting interim possession to the respondent was improper, as it effectively amounted to a decree before trial, violating the principle that such relief should not be granted without determining the nature of possession. The Court emphasized that the relationship between the parties was that of licensee and licensor, and the trial court had rightly rejected the interim application due to the existence of triable issues. The Court set aside the Appellate Court's order, reinforcing the need for a proper adjudication before granting possession.

Metro Marins & Anr vs Bonus Watch Co. Pvt. Ltd. & Ors · Niyam