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IN THE HIGH COURT OF DELHI AT NEW DELHI
VIKAS MAHAJAN,
Capital Land Builders Pvt. Ltd – Appellant
Versus
Shaheed Memorial Scty. (Regd.) – Respondent
| Table of Content |
|---|
| 1. alleged violation of consent order and cash transactions (Para 5 , 11 , 14 , 19) |
| 2. authority to sell company assets (Para 20 , 24 , 28 , 39) |
| 3. balancing equities in injunction cases (Para 45 , 49 , 56 , 68) |
| 4. modification of injunction orders for market evaluations (Para 50 , 62 , 70) |
JUDGMENT :
VIKAS MAHAJAN, J.
I.A. No. 9980/2024 (under Order XXXIX Rule 4 read with Section 151 CPC by D-1, 3 & 4 seeking modification of the interim injunction order dated 22.01.2024
1. The present application has been filed by defendant nos.1, 3 and 4 seeking modification of order dated 22.01.2024 passed by the Division Bench of this Court in FAO(OS) 90/2019, in view of the liberty granted by the Division Bench vide subsequent order dated 26.04.2024 to seek modification/variation of the aforesaid order dated 22.01.2024. The relevant excerpts from the order dated 26.04.2024 whereby liberty was granted by the Division Bench to the defendants/applicants reads as under:
“3. Present application has been filed on behalf of respondent nos.1, 3 and 4 (“applicants”) seeking modification of the consent order dated 22nd January, 2024 passed by this Court and seeking a direction to the appellant-p
The court modified the interim injunction to require fair market valuations and banking transactions, addressing concerns of potential asset undervaluation and unauthorized cash dealings, ensuring fa....
Multiplicity of proceedings is also one of the weighty considerations and becomes part of facet of balance of convenience, for, if the disputed property is allowed to be transferred from one hand to ....
Section 54 of the Transfer of Property Act, 1882 is “Sale” is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.
The court ruled that a plaintiff’s limited interest in property, dictated by the will, cannot be construed as absolute ownership; undue influence invalidates share transfers.
The court emphasized the importance of establishing a prima facie case, balance of convenience, and irreparable loss when considering the grant of injunction in property disputes.
Point of law: Validity of, and effect of S. 52 – Doctrine of lis pendens is based on ground that it is necessary for administration of justice that decision of a court in a suit should be binding not....
A judicial decision containing the principle, which forms an authoritative element termed as ratio decidendli. An interim order which does not finally and conclusively decide an issue which cannot be....
The main legal point established in the judgment is the requirement of a registered deed of conveyance for the transfer of immovable property, the preferential right to acquire property in certain ca....
The appellate court must respect the trial court's discretion in granting injunctions unless shown to be arbitrary or perverse.
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