Back
SANDEEP N. BHATT
Pranavbhai Dhanjibhai Patel – Appellant
Versus
Gujarat State Financial Corporation Surat Regional Office – Respondent
ORDER :
1. The present appeal from order is filed challenging the impugned order dated 05.02.2024 passed below Exh.5 in Special Civil Suit No.186 of 2022, whereby, the trial Court has granted application below Exh.5 in part by directing the defendants not to create any further charge or transfer the property or by way of executing any sale deed or gift and during the pendency of the suit, the status quo should be maintained.
2. Brief facts of the case are as under:
2.1 For sake of convenience, the parties are referred to in their original status as plaintiff and defendants. The defendant no.5 Rama Filament Pvt. Ltd. sought Rs.150/- lakh term from the plaintiff and the same came to be approved on 9.9.1999. The respondent no. 4-Murli Manohar Goyal, Director, for exchange of collateral security, a letter dated 16.9.1999 was written and in it, Adajan Sub-District, Mouje Pal Village having Revenue Survey No.176, Block No.161 property is requested to be placed in security. The land which was to be given as security is the property of the father of the defendant no. 3 and therefore, it was necessary to obtain the permission of the Deputy Collector and therefore, Gangarambhai applied before t
The main legal point established in the judgment is that appellate courts should not interfere with the exercise of discretion by the trial court unless it has been shown to be arbitrary, capricious,....
Point of Law : An appeal against exercise of discretion is said to be an appeal on principle. The Appellate Court will not reassess the material and seek to reach a conclusion different from the one ....
The appellate court must respect the trial court's discretion in granting injunctions unless shown to be arbitrary or perverse, emphasizing the need for careful scrutiny of such orders.
Power of Attorney has certain limitations.
The appellate court must respect the trial court's discretion in granting injunctions unless shown to be arbitrary or perverse.
Violation of a court injunction has legal consequences, rendering the transactions illegal and not binding.
The shifting stands of the parties and the validity of the mortgage deed raised doubts about the respondent's defense, leading to the court's conclusion that the suit filed before the civil court was....
The Agreement constituted a mortgage by deposit of title deeds under Section 58(f) of the Transfer of Property Act, and the Division Bench erred in concluding otherwise.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
