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Samir Narain Bhojwani vs M/S Aurora Properties And Investments on 21 August, 2018

In Samir Bhojwani v Aurora Properties & Investments Samir Bhojwani,1 the Supreme Court considered precisely this -- what must a Court do when asked to make a mandatory order at an interlocutory stage. First, there is no question of 'moulding relief'. Where a mandatory order or injunction sought, such a moulding can only be done at the final hearing of the suit. Second, as a matter of settled law, a mandatory order can be granted at the interlocutory stage only to restore the parties to a status quo ante and not to establish a new order of things; that is to say, a new factual scenario. The order cannot create a factual situation at odds with the one that existed at -- and this is important -- the date of institution of the suit.
Supreme Court of India Cites 6 - Cited by 40 - A M Khanwilkar - Full Document
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