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Deepak Khosla vs Montreaux Resorts Pvt. Ltd. & Ors. on 28 March, 2014

- we have no doubt that it should also meet the same fate. It was repeatedly stressed before us by the applicant that the Division Bench of this court in its order dated 24.04.2012 has ignored the mandate of section 41(b) and (d) of the Specific Relief Act. Nothing can be more off the mark. The Division Bench has devoted 5 paragraphs (paras 53-57) to the issue - i.e., the argument based on the aforesaid statutory provisions. The relevant judgments have been noticed. Contrary to what was submitted before us by the applicant, the judgment of the Supreme Court in Cotton Corporation of India (supra) the observations in which have been quoted in the order show - as rightly pointed out on behalf of the respondents - C.M. No.16860/2013 & 2392/2013 IN L.P.A. No.16/2012 Page 11 of 18 that there is an "area of unresolved controversy", which is whether a court can injunct a person from initiating or continuing proceedings before itself. This issue was expressly left open by the Supreme Court in the case cited supra, as is clear from the last sentence of paragraph 9, which has been quoted in the impugned order.
Delhi High Court Cites 12 - Cited by 0 - R V Easwar - Full Document
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