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.