M/s. Best Sellers Retail (India) Pvt. Ltd. Vs. M/s. Aditya Birla Nuvo Ltd.
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Head Note
The Code of Civil Procedure, 1908 - Order XXXIX Rule (1) , Rule (2)
Temporary injunction - Irreparable loss - Suit for specific performance of contract of agency - Agent committed breach of its warrantly to retain the suit premises till expiry of contract - Suit for injunction filed to restrain the defendant from encumbering the suit premises with the alternative relief of damages to relief of specific performance - It cannot be said that plaintiff would suffer irreparable loss in case injunction is not granted as prayed for - Grant of injunction as claimed would be improper even if plaintiff had a prima facie case - Appeal allowed - Temporary injunction granted by the Trial Court and High Court set aside.
Topic(s)-Temporary Injunction
Important Decision(s)- CPC, 1908 - Order 39, Rules 1 & 2 - Suit for injunction filed to restrain the defendant from encumbering the suit premises with the alternative relief of damages to relief of specific performance - Grant of injunction - Improper.