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october 2008

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.

M/S. Hanu Motel Pvt. Ltd. & Anr vs U.P. Financial Corpn. Ltd. & Anr · Niyam