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september 2018

Supreme Court of India · 2018-09-24

M/S Empee Distilleries Limited vs M/S Gimpex Private Ltd

Citation / case number
AIR 2018 SC (SUPP) 1192
Court
Supreme Court of India
Petitioner
M/S Empee Distilleries Limited
Respondent
M/S Gimpex Private Ltd
Author
Abhay Manohar Sapre
Bench
Mohan M. Shantanagoudar, Abhay Manohar Sapre

Judgment text excerpt

The Supreme Court upheld the High Court's dismissal of the appellants' appeal against the interim prohibitory order under Order 37 Rule 5 of the Code of Civil Procedure, 1908. The Court found that the requirements for such an order were satisfied, affirming the lower court's decision to restrain the Tamil Nadu State Marketing Corporation from disbursing funds to the appellants pending resolution of the suit for recovery of Rs.19,54,29,693. The judgment reinforces the legal principle that interim orders can be issued to protect the interests of a plaintiff in commercial disputes.

M/S Empee Distilleries Limited vs M/S Gimpex Private Ltd · Niyam