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M/S Gujarat Pottling Co.Ltd. & Ors vs The Coca Cola Co. & Ors on 4 August, 1995

16. Apex Court in case titled as Gujarat Bottling Co. Ltd. v. Coca Cola Company has observed that conduct of a party who claims equitable relief should be free from any blame. Further observed that if the conduct of a party is not free from blame he is not entitled to discretionary relief. Applying the test to the instant case, petitioners have concealed the material facts and by hook or crook had tried to stall the installation of receiving station, which is against the public interest. It is profitable to reproduce para-50 of the said judgment herein, which reads as under:
Supreme Court of India Cites 25 - Cited by 439 - S C Agrawal - Full Document

Ramniklal N. Bhutta & Anr vs State Of Maharashtra & Ors on 19 November, 1996

Similarly, in Ramniklal N. Bhutta v. State of Maharashtra the Court said that while granting a stay, the Court should arrive at a proper balancing of competing interests and grant a stay only when there is an overwhelming public interest in granting It, as against the public deteriment which may be caused by granting a stay. Therefore, in granting an injunction or stay order against the award of a contract by the Government or a government agency, the Court has to satisfy itself that the public interest in holding up the project far outweighs the public interest in carrying it out within a reasonable time. The Court must also take into account the cost involved in staying the project and whether the public would stand to benefit by incurring such cost.
Supreme Court of India Cites 7 - Cited by 576 - B P Reddy - Full Document
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