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MANISH PITALE
Manas Shelters Pvt. Ltd. – Appellant
Versus
Vivek Madhavlal Pittie – Respondent
JUDGMENT :
Manish Pitale, J.
The question that arises for consideration in this application filed on behalf of the defendant No.1A is as to whether events, that occurred subsequent to order dated 15.06.2015 granting interim injunction in favour of the plaintiff, justify this Court exercising power under Order XXXIX, Rule 4 of the Code of Civil Procedure, 1908 (C.P.C.) to vacate the injunction. The applicant has raised various grounds while praying for vacating the order of interim injunction, but the thrust of the arguments on behalf of the applicant / defendant No.1A is that, the plaintiff has failed to show continued readiness and willingness to perform its part of the development agreement. It is alleged that after obtaining the interim injunction from this Court, the plaintiff has done nothing, as a result of which, there is no activity towards development of the suit property and the defendant No.1A is stuck with the plaintiff in the very same situation in which the suit property was lying as on 15.06.2015, when the interim injunction was granted.
2. Defendant No.1A claims that even after obtaining the aforesaid interim injunction on the basis that the termination of the developm
A plaintiff must demonstrate continued readiness and willingness to perform a contract during the pendency of a suit for specific performance; failure to do so justifies vacating an interim injunctio....
Court ruled that temporary injunctions can enforce development agreements even against minority occupants obstructing redevelopment, especially when prior claims against obstruction were dismissed on....
The court emphasized that a Title Certificate deemed acceptance of title, and plaintiffs' 18-year delay in seeking interim relief precluded their claims, highlighting the importance of readiness and ....
Point of law: If an injunction is obtained falsely stating that High Court has refused to grant an injunction and when the same is also not considered on main and it will be considered along with mai....
The main legal point established in the judgment is that the grant of interim injunction should adhere to the settled principles under Order XXXIX Rules 1 and 2 CPC, and the court should not interfer....
A temporary injunction cannot be granted if a similar application has been previously rejected without a substantial change in circumstances, ensuring judicial consistency.
The court emphasized that failure to demonstrate readiness and willingness to perform contractual obligations justifies the denial of interim injunctions in specific performance cases.
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