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august 2009

Supreme Court of India · 2009-08-06

Ece Industries Limited vs S.P.Real Estate Developers P.Ltd.& Anr

Citation / case number
AIR 2009 SC (SUPP) 2093
Court
Supreme Court of India
Petitioner
Ece Industries Limited
Respondent
S.P.Real Estate Developers P.Ltd.& Anr
Author
Tarun Chatterjee
Bench
R. M. Lodha, Tarun Chatterjee

Judgment text excerpt

The Supreme Court upheld the High Court's decision affirming the trial court's order regarding the injunction applications under Order 39 Rule 1 and 2 of the Code of Civil Procedure. The Court found that the plaintiff-appellant had established a prima facie case for the injunction, as the defendants/respondents had breached the Development Agreement by failing to provide a Bank Guarantee and dishonoring cheques. The Court emphasized the importance of maintaining the status quo of the suit property pending the resolution of the suit for recovery of possession and damages.

Ece Industries Limited vs S.P.Real Estate Developers P.Ltd.& Anr · Niyam