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Reply To: Interim relief

#112111
Tina DU
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Practice of granting interim orders which practically give the principal relief sought in
the suit/petition for no better reason than that a prima facie case has been made out, without being concerned about the balance of convenience, the public interest and a host of consideration, should be deprecated.

REFERRED TO:

  1. B.C.C.I. vs. Netaji Cricket Club MANU/SC/0019/2005: AIR 2005 SC 592.
  2. Kalyan Kumar Dutta Gupta vs. B.M.Verma MANU/WB/ 0024/1995: AIR 1995 Cal.140(DB).
  3. Bank of Maharashtra vs. Race Shipping & Transport Co. Pvt. Ltd. and Another, (1995) 3 SCC 257.
  4. T.P. Daver vs. Lodge Victoria MANU/SC/0018/1962: AIR 1963 SC 1144.

The Hon’ble Supreme Court while dealing with the case
of the Writ Petitioner in the case of Bank of Maharashtra versus Race
Shipping & Transport Co. Pvt. Ltd. and Another, (1995) 3 SCC 257
in para11 held as follows:-
“Time and again this Court has deprecated the practice of granting
interim orders which practically give the principal relief sought
in the petition for no better reason than that a prima facie case
has been made out, without being concerned about the balance
of convenience, the public interest and a host of other
considerations.”