1. Frontline Corporation Ltd. VS Punjab & Sind Bank - 30 Jan 17

Right to institute suit to specifically enforce terms of settlement would not entail an injunction restraining Bank from taking steps as a secured creditor qua security.

In such a situation the doctrine of promissory estoppel would apply warranting issuance of necessary order restraining ... Sometimes the injunction is

India - Dishonour Of Cheque

2. Frontline Corporation Ltd. VS Punjab & Sind Bank - 30 Jan 17

Right to institute suit to specifically enforce terms of settlement would not entail an injunction restraining Bank from taking steps as a secured creditor qua security.

In such a situation the doctrine of promissory estoppel would apply warranting issuance of necessary order restraining ... to get the relief of specific performance.

India - Current Civil Cases

3. Virolex Cables and Another VS The Tamil Nadu Industrial Investment Corporation Limited and Another - 27 Jul 90

Caveat can be filed by defaulter in a proceeding u/s 31 of Act, 1951.

32, Code of Civil Procedure, 1908-Section 148 A-Applicability of Section 148A, C.P.C. in a proceeding u/s 31 of Act, 1951-Held, defaulter ... In so far as the prayers for an order for sale of the property and for an injunction restraining the industrial concern from transferring ... orders without notice to the defaulter and there is no question of the defaulter filing a caveat with reference to a proceeding ... restraining the industrial concern from transferring or removing its machinery, plant or equipment.

India - Madras

4. K. Padma VS K. Ramachandra - 18 Dec 14

Property cannot be alienated in teeth of order of injunction granted in favour of Creditor.

preceding attachment and auction sale of mortgaged property—Challenge to order of injunction restraining alienation of property ... , auction purchaser has stepped into shoe of creditor bank to enforce her rights in respect of property purchased in auction—It cannot ... by debtor—When there was injunction order against respondent No. 4 not to alienate property and when there was an order of attachment ... restraining respondent No. 4 from alienating the schedule property. ... , it cannot on the basis of such an agreement claim to get the auction sale of defaulter’s property set aside by depositing the amount ... restraining respondent No. 4 from alienating or dealing in any with the property in question.

India - Dishonour Of Cheque

5. K. Padma VS K. Ramachandra - 18 Dec 14

Property cannot be alienated in teeth of order of injunction granted in favour of Creditor.

preceding attachment and auction sale of mortgaged property—Challenge to order of injunction restraining alienation of property ... , auction purchaser has stepped into shoe of creditor bank to enforce her rights in respect of property purchased in auction—It cannot ... Code, 1908—Section 64—Recovery of Debts due to the Banks and Financial Institutions Act, 1993—Section 19(12)— Recovery of debt—Injunction ... restraining respondent No. 4 from alienating the schedule property. ... , it cannot on the basis of such an agreement claim to get the auction sale of defaulter’s property set aside by depositing the amount ... restraining respondent No. 4 from alienating or dealing in any with the property in question.

India - Current Civil Cases

6. Chatursingh VS Additional Collector, Durg - 07 Sep 79

It follows that as an interim measure, he can as well apply to the Court for an injunction restraining the sale of the property till ... As both these requirements are absent, the petitioner cannot be held to be a 'public accountant' 71 P.L.R. 749 relied on. ... [Para 6 ... (3) Practice-power-mention of wrong section-cannot render ... It cannot, for example. ... restraining sale of the property till determination of his liability. ... It follows that as an interim measure, he can as well apply to the Court for an injunction

India - Madhya Pradesh

7. R. ERAKKAPERUMAL VS UNION BANK OF INDIA - 03 Mar 17

restraining the defendants from in any manner interfering with the peaceful possession and enjoyment of the suit property otherwise ... SARFAESI Act - Section 34 - Property case - Eviction - Appellant in this Second Appeal presented a plaint praying for permanent injunction ... Further, the trial Court also observed that the suit is one for permanent injunction restraining ... cannot be claimed by the present appellant. ... restraining the defendants from in any manner interfering with the peaceful possession and enjoyment of the suit property otherwise

India - Madras

8. Haryana Financial Corporation VS Jagdamba Oil Mills - 28 Jan 02

Haryana Financial Corporation and its functionaries councel be restrained from auctioning the unit of the respondents which was auctioning the unit of the respondents which was seized by the corporation in the facts and circumstances of this case.

auctioning the unit of respondents which was seized for default in payment of corporation s dues-Respondent filing suit for permanent injunction-granted ... It would only provide on unwarranted opportuntiy to the defaulter (in most cases chronic and deliberate) to stall recovery proceedings ... A person who has defaulted is hardly ever likely to cooperate in the sale of his assets. ... Respondents filed the suit seeking a decree for permanent injunction restraining the Corporation ... restraining the Corporation and its functionaries from auctioning the unit which was seized. ... That basic feature cannot be lost sight of.

India - Supreme Court

9. Unnikrishna Pillai S/o Achuthan Pillai VS Gopalakrishna Pillai S/o Kuttappa Panicker - 25 Nov 19

When the plaintiff failed to discharge his burden as aforesaid, he cannot take the advantage of the failure of the defendants to perform his part as per the agreement for sale. The plaintiff has approached the trial court to obtain a direction to the defendants to execute the sale deed in respect of the property agreed to be sold in his favour. Therefore, evidence must come on record to establish either that he has already performed his part or that he is ready and willing to perform his part of the contract

Constitution of India- Art.227-Injunction was also sought for restraining the defendants from alienating ... An order of injunction was also sought for restraining the defendants from alienating the ... Whether the plaintiff is entitled to get a decree of perpetual injunction as prayed for? 3. ... Mohanlal, the learned counsel for the defendants urged that the trial court cannot be found fault with for the manner in which it

India - Kerala

10. Punjab Kashmir Finance Ltd. VS State of Haryana - 01 Sep 07

Hire purchase—Re-possession of vehicle by the financier—Mere fact that the words ‘hire-purchase agreement’ were used, is hardly sufficient to turn the same as such, so as to give right to the petitioner to take forcible possession of the vehicle in question.

repossession of the vehicle—The judgments of the Supreme Court in hire purchase cases holding that in a hire purchase agreement, the owner cannot ... explained—Held; The judgments of the Supreme Court in hire purchase cases holding that in a hire purchase agreement, the owner cannot ... On the other hand, the complainant (respondent No.2) has also filed a suit for injunction restraining the petitioner company from ... The complainant also filed a civil suit for restraining the petitioner from taking possession ... Moreover, when the agreement appears in substance to be a loan agreement, the same cannot

India - Punjab