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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 -8- 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."
Supreme Court of India Cites 3 - Cited by 604 - H J Kania - Full Document

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
Bombay High Court Cites 18 - Cited by 3 - V C Daga - Full Document
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