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2009 Supreme(SC) 1566

ALTAMAS KABIR, B.S.CHAUHAN
Zenit Mataplast P. Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellants : Dushyant Dave, Sr. Adv., S. Udaya Kr. Sagar, Ms. Bina Madhavan, M/s. Lawyer’s Knit & Co., Advs., with him for the Appellants.
For the Respondents:Shyam Divan, Bhaskar P. Gupta Sr. Advs., Ms. Shruti Chaudhary, Ms. Swati Sinha, Ms. Jayshree Singh, Ms. Asha Gopalan Nair, M/s. Fox Mandal & Co., Sanjeev K. Kapoor, Vishal Gupta, Vikram Bajaj, M/s. Khaitan & Co., Aniruddha P. Mayee, Sanjeev Kr. Choudhary, Advs., with them for the Respondents.

Judgement Key Points

What is the standard for granting interim injunctions in cases involving alleged arbitrariness or violation of Article 14 of the Constitution? What are the three basic considerations (prima facie case, balance of convenience, irreparable loss) used to decide interim relief, and how should delay affect such relief? What factors justify granting interim relief at belated stages, particularly when constitutional rights are implicated?

Key Points: - Interim injunction should be granted after considering all pros and cons on the basis of prima facie case, balance of convenience, and irreparable loss (!) . - Delay in approaching the court is a good ground for refusal of interim relief, but exceptional cases exist where constitutional rights are at stake and there is risk of irretrievable development of suit property (!) . - The decision to grant interim relief depends on fairness, non-arbitrary action, and adherence to rule of law, including avoiding affections/favoritism and ensuring speaking, reasoned orders (Article 14 context) (!) (!) .

What is the standard for granting interim injunctions in cases involving alleged arbitrariness or violation of Article 14 of the Constitution?

What are the three basic considerations (prima facie case, balance of convenience, irreparable loss) used to decide interim relief, and how should delay affect such relief?

What factors justify granting interim relief at belated stages, particularly when constitutional rights are implicated?


JUDGMENT

Dr. B.S. Chauhan, J.

1. Leave granted.

2. This appeal has been filed against the order of the Bombay High Court dated 5.2.2008 rejecting the application for interim relief while admitting the Writ Petition No. 7245/2006 and expediting its hearing against the allotment of land by the respondent No.2 in favour of respondents nos.4 and 5.

3. The facts and circumstances giving rise to this case are that appellant, a Private Ltd. Company, incorporated under the provisions of Companies’ Act 1956, is indulged in manufacturing of press components, moulded components, soft luggage, moulded luggage and other travel goods, tools, moulds jigs, dies fixtures and other engineering goods and carrying its business on a land measuring 4050 sq. meters on plot no.F-18 in the Satpur industrial Estate, Nasik. The appellant submitted an application dated 30.11.2005 (Annexure P-3) for allotment of 8000 sq. yards land from the adjacent vacant land on a prescribed form complying with other requirements. The said application was rejected by the respondent no.2, the Maharashtra Industrial Development Corporation (hereinafter referred to as ‘Corporation’), a Maharashtra Government Undertaking constit













































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