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1 - 10 of 27 (0.86 seconds)Section 9 in The Arbitration And Conciliation Act, 1996 [Entire Act]
The Companies Act, 1956
Section 41 in The Specific Relief Act, 1963 [Entire Act]
Section 36 in The Specific Relief Act, 1963 [Entire Act]
The Arbitration And Conciliation Act, 1996
Section 39 in The Specific Relief Act, 1963 [Entire Act]
Section 7 in The Arbitration And Conciliation Act, 1996 [Entire Act]
THE COMMERCIAL COURTS ACT, 2015
Cotton Corporation Of India vs United Industrial Bank on 19 September, 1983
33. The learned counsel for the respondents while canvassing
his arguments has submitted the petitioner is not entitled the
relief as prayed for as per the objection which raised in the
statement of objection and drawn the court attention on the
judgment of Hon'ble Supreme Court which reported in 1983(4) SCC
625 in between Cotton Corporation of India Ltd., Vs United Industrial
Bank Ltd & Ors., and also drawn the court attention on the
judgment of Hon'ble Supreme Court which reported in 2005 (9)
SCC 733. On careful personal of these decisions, in the said
decisions their lordship held that the court has no jurisdiction
either under Sec.41(b) of Specific Relief Act or under inherent
powers under Sec.151 of CPC to grant temporary injunction, a
person from instituting any proceedings which such person is
otherwise entitled to institute in a court not subordinate to that
50 Com.A.A.No.134/2021
from which the injunction is sought and debter bank not entitled
to an interim injunction restraining the creditor from presenting a
winding up petition against the bank and if final relief cannot be
granted temporary injunction is also cannot be granted.