Supreme Court of India · 2009-07-22
Ece Industries Limited vs S.P.Real Estate Developers P.Ltd.& Anr
- Court
- Supreme Court of India
- Petitioner
- Ece Industries Limited
- Respondent
- S.P.Real Estate Developers P.Ltd.& Anr
- Bench
- Tarun Chatterjee, R.M. Lodha
Judgment text excerpt
The Supreme Court upheld the High Court's decision affirming the trial court's refusal to grant an injunction under Order 39 Rule 1 and 2 of the Code of Civil Procedure, as substantial construction had already been completed by the respondents on the suit property. The Court noted that the trial court's conditions regarding the deposit of the property value and bank guarantees were set aside by the High Court, but the refusal of the injunction was maintained. The Court emphasized the importance of the Advocate Commissioner's report in determining the status of construction on the property.