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august 2018

Supreme Court of India · 2018-08-21

SAMIR NARAIN BHOJWANI vs M/S AURORA PROPERTIES AND INVESTMENTS

Citation / case number
SC 2018/25467
Court
Supreme Court of India
Petitioner
SAMIR NARAIN BHOJWANI
Respondent
M/S AURORA PROPERTIES AND INVESTMENTS
Author
HON'BLE MR. JUSTICE A.M. KHANWILKAR
Bench
HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE A.M. KHANWILKAR, HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court upheld the Bombay High Court's decision to dismiss the appellant's appeal, affirming the mandatory interlocutory injunction under Order 39 Rule 1 of the Code of Civil Procedure, directing the appellant to hand over eight flats and sixteen car parking spaces as per the Settlement Agreement dated 4th November, 2016. The Court emphasized the importance of adhering to contractual obligations in development agreements and the necessity of maintaining the status quo during ongoing litigation. The ruling reinforced the principle that interim relief can be granted to protect the rights of parties in a contractual dispute.

SAMIR NARAIN BHOJWANI vs M/S AURORA PROPERTIES AND INVESTMENTS · Niyam