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Supreme Court of India 2018-08-21 allowed

Samir Narain Bhojwani vs Aurora Properties and Investments and Anr

Bench: 3 — A.M. Khanwilkar

In Brief

A real estate developer (appellant) was directed by the High Court to hand over 8 flats and 16 parking spaces to another party based on a settlement between the other two parties, to which he was not a signatory. The Supreme Court held that this mandatory interlocutory order was in excess of jurisdiction. The principle of moulding reliefs applies only at final disposal, not at interim stages. An interim mandatory injunction must restore the status quo ante, not create new arrangements. The Court set aside the High Court's order and revived the earlier ad-interim order restraining alienation, which was to continue until final disposal of the suit.",

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Arbitration and Conciliation Interim Relief Injunction Specific Performance Real Estate Development Interlocutory Orders Status Quo

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