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1 - 5 of 5 (0.37 seconds)The State Of Orissa vs Madan Gopal Rungta.The State Of ... on 25 October, 1951
14. Apart from this, respondent is seeking this order
by filing I.A.NO.III. As rightly contended by the learned
counsel for the applicant interim order can be given in
support of the main relief. The learned counsel for the
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applicant has relied on the decision of Hon'ble Supreme
Court reported in AIR 1952 SC 12 (The State of Orissa v.
Madan Gopal Rungta) in which the Hon'ble Supreme Court
has held that, "The interim relief can be granted only in
aid of and as ancillary to the main relief which may be
available to the party on final determination of his
rights in a suit or proceeding."
Mahindra And Mahindra Limited vs Dwarkanath Babaji Dalvi And Mahindra ... on 27 February, 2006
In another judgment
reported in 2006 SCC Online Bombay 216 (Mahindra
and Mahindra Limited v. Dwarkanath Babaji Dalvi and
another)the Hon'ble High Court in para 26 has stated that,
"the court/tribunal while granting interim relief, has
also to keep in mind that the interim relief is always
granted in the aid of final relief. If the final relief is not
available to the person seeking interim relief, then no
interim relief can be granted in his favour". This
decision makes it very clear that the interim relief can be
granted in aid of final relief. The final relief prayed in the
present application under Section 9 is to direct the
respondent to pay arrears of rent and also direction to pay
the rent or the amount mentioned in the lease deed till
disposal of arbitration proceedings. I.A.No.III filed by the
respondent is for entirely different relief of injunction against
interference in possession. So this relief prayed in I.A.No.III
by the respondent is not a relief in aid of the final relief
prayed in the application. Apart from this, Section 9
application itself is an application seeking an interim relief. In
such application, by filing I.A.NO.III some other order which
is not in aid of the final relief prayed in Section 9 can be
sought by the other side. If the respondent is in need of such
order, it can maintain independent application under Section
Nirmala Sahu vs State Of Chhattisgarh 40 Wps/432/2017 ... on 18 May, 2018
20. Learned counsel for the applicant has relied on a
decision of Hon'ble Delhi High Court reported in 2008 SCC
Online Delhi 1198 (Vijay Gupta v. Manoj Mehta) in
which the Hon'ble Delhi High Court has held in parea 5 as
under:
The Arbitration And Conciliation Act, 1996
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