Supreme Court · 2006 INSC 803 · Decided 8 November 2006
Industrial Investment Bank of India LTD. v. Marshals Power & Telecom (I) LTD. and ANR.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 803 · [2006] SUPP. 8 S.C.R. 698
- Case number
- CIVIL APPEAL No. 4728/2006
- Decided
- 8 November 2006
- Bench
- H.K. SEMA, P.K. BALASUBRAMANYAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 1, 2
Headnote
Code of Civil Procedure, I 908-0rder XXXIX Rules I and 2-Jnterim Injunction-Contractual transaction-Money advanced to second party and C third party secured the loan by hypothecation and charge-Notice by lender to the securing party seeking repayment of the amount-Suit by securing party against for interim injunction-Claim of lender before Debt Recovery Tribunal-Interim injunction granted and execution of any order by Tribunal restrained-Held: In the facts and circumstances of the case, the court below could not exercise its D discretion to grant any interim
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