Supreme Court of India · 2008-10-24
M/S. Hanu Motel Pvt. Ltd. & Anr vs U.P. Financial Corpn. Ltd. & Anr
- Court
- Supreme Court of India
- Petitioner
- M/S. Hanu Motel Pvt. Ltd. & Anr
- Respondent
- U.P. Financial Corpn. Ltd. & Anr
- Author
- C.K. Thakker
- Bench
- D.K. Jain, C.K. Thakker
Judgment text excerpt
The Supreme Court held that the provisions of Order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908, allow for interim injunctions to prevent irreparable harm during litigation. The Court found that the High Court's direction to deposit Rs. Fifty lakhs was not justified given the circumstances of the case, particularly the claim of limitation raised by the appellants. The appeal was allowed, and the order of the High Court was set aside, reinstating the interim injunction granted by the trial court.