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november 2006

Supreme Court of India · 2006-11-08

Industrial Investment Bank Of India Ltd vs Marshal'S Power & Telecom (I) Ltd.& Anr

Citation / case number
2006 AIR SCW 5991
Court
Supreme Court of India
Petitioner
Industrial Investment Bank Of India Ltd
Respondent
Marshal'S Power & Telecom (I) Ltd.& Anr
Author
P.K. Balasubramanyan
Bench
H.K. Sema, P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court held that the Division Bench of the High Court erred in granting an interim injunction under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure without properly assessing the merits of the case. The Court emphasized that the Civil Court should not intervene when a competent Tribunal is already addressing the matter, particularly regarding the enforcement of hypothecation and charge. The appeal was allowed, and the interim injunction granted by the High Court was set aside, reinforcing the principle that the jurisdiction of the Civil Court is limited when a specific Tribunal is designated to handle such disputes.

Industrial Investment Bank Of India Ltd vs Marshal'S Power & Telecom (I) Ltd.& Anr · Niyam