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.