Supreme Court of India

Samir Narain Bhojwani v. M/s. Aurora Properties and Investments and Anr.

Neutral citation
Bench Dipak Misra, A. M. Khanwilkar and Dr. D. Y. Chandrachud JJ.
Decided 21 August 2018

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

In view of the above, we have no hesitation to conclude that the High Court committed manifest error and exceeded its jurisdiction in granting interlocutory mandatory injunction against the appellant.

Judgment, page 19

From the headnote

Injunction: Interlocutory mandatory injunction – When can be granted – Principle of moulding relief – Invocation of – On facts, respondent no.1 appointed as developer for developing the suit property – Thereafter, under an agreement, respondent no.1 transferred the benefits of development rights in the suit property to respondent no.2 – Subsequently, execution of development agreement by respondent no.2 with the appellant whereunder appellant would be entitled to 55% of the total area available for sale buildings and car parking and respondent no.2 retained 45% of the total area – Dispute…

Where later benches applied it

Of those, 1 mentioned

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