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2000 Supreme(Del) 567

VIKRAMAJIT SEN
CREF FINANCE LIMITED – Appellant
Versus
PURI CONSTRUCTION LIMITED – Respondent


Advocates Appeared:
A.S.CHANDHIOK, Anil B.Divan, ANIS AHMED, Atul Bhuchar, BHAVNA AHUJA, MOHINDER PURI, PUNITA SINGH, RAJIV NAYAR, S.GANESH RAO, SUNIL MALHOTRA

Vikramajit Sen

( 1 ) UBI Jus Ubi Remedium is a Latinism which has become an integral part of jurisprudence. Considering the vituperous, vehement and vigourous opposition to this petition from Shri Mohninder Puri and the other Respondents represented by S/shri Amarjit Singh Chandiok and Rajiv Nayyar, Senior Advocates, it is surprising that it was ubiquitously reiterated that the Orders dated 13. 5. 2000 passed by Justice S. Ranganathan are ad-invitum. All the more so since the petitioner only seeks jural protection virtually identical to these ad-invitum Orders. The grant of the relief was contested by the Respondents substantially on legal Objections, which is way the legal maxim came to mind. Of equal authority, tested by time, is the view expressed in Ashby v. White that "if a man has a right he must have a means to vindicate and maintain it, and a remedy if he is injured in the exercise and enjoyment of it; and indeed it is a vain thing to imagine a right without a remedy for want of right and want of remedy are reciprocal".

( 2 ) THE petitioner, CREF Finance Limited, (CREF) and Puri Construction Limited, (PCL), entered into an agreement on 10. 11. 1995 for floating a Joint Ventu

















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