A.P.SEN, B.C.RAY
Terene Traders – Appellant
Versus
Rameshchandra Jamnadas And Co – Respondent
JUDGMENT:- Leave granted. Arguments heard.
2. In this case a learned Judge of the Bombay High Court by his order dated July 1, 1986* has in revision set aside the order of the Bombay City Civil Court dated September 5, 1983and allowed the plaintiffs application for grant of temporary injunction under Order XXXIX, R. 1 of the Code of Civil Procedure, 1908.
* Reported in (1986) 88 Bom LR 427.
3. Normally, this Court does not, as a rule, interfere with an interlocutory order of this nature except under very exceptional circumstances. Unfortunately this is a case of that kind. The learned single Judge in dealing with the revision observes that even though respondent No. 1 Rameshchandra Jamnadas & Company were not doing business for some time because of financial hardship and were not in Khas possession, that was not a ground on which it can be denied temporary injunction. We are afraid, the learned Judge was quite oblivious to the limitations of the powers of the High Court under S. 115 of the Code. The Bombay City Civil Court in a suit for declaration and injunction brought by plaintiff-respondent No. 1 Rameshchandra Jamnadas & Company, after hearing both the parties, refused to grant it
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