Supreme Court of India · 2012-05-08
M/S Best Sellers Retail(I)P.Ltd vs M/S Aditya Birla Nuvo Ltd.& Ors
- Citation / case number
- AIR 2012 SUPREME COURT 2448
- Court
- Supreme Court of India
- Petitioner
- M/S Best Sellers Retail(I)P.Ltd
- Respondent
- M/S Aditya Birla Nuvo Ltd.& Ors
- Author
- A. K. Patnaik
- Bench
- A.K. Patnaik, Swatanter Kumar
Judgment text excerpt
The Supreme Court upheld the order of the High Court granting a temporary injunction under Order 39 Rules 1 and 2 of the CPC, restraining Liberty Agencies and its partners from leasing or encumbering the suit property pending the suit's disposal. The Court emphasized that the applicant must demonstrate a prima facie case, and the balance of convenience must favor the grant of an injunction. The Court found that the respondent had sufficiently established the likelihood of suffering irreparable harm if the injunction were not granted, thus affirming the lower court's decision.