fraud or a
case of a question of apprehension of irretrievable
injustice has been made out. This is the well-settled
principle ... principle of law in India. No fraud and no question
of irretrievable injustice was involved in the case. [1138C-
F]
In order to restrain
HSCL from enforcing the bank guarantees. It also
held that no irretrievable injustice would be caused to HSCL
as it can recover damages from ... clear case
of
fraud and is likely to result in irretrievable injustice.
The law is so declared, according to him, by the decisions
of this
directly. The respondent was
not to suffer any injustice which was
irretrievable. The respondent can sue the
appellant for damages. There cannot be any
basis
credit,
it cannot be interfered with unless
there is fraud and irretrievable
injustice involved in the case and fraud
has to be an established fraud ... irretrievable injustice which
was made the basis for grant of
injunction really was on the ground that
the guarantee was not encashable on its
terms
violation of the terms of contract and it would cause irretrievable injustice and adjudication being in favor of the petitioner/applicant would also tilt extraordinary ... credit cannot be interfered with unless there is established fraud or irretrievable injustice involved in the case. Irretrievable injury has to be of the nature
Vedanta Ltd5 , the petitioner contends that
special equities and irretrievable injustice justify the grant of
injunction, under Section
part of the seller.
46. Their Lordships noted that the irretrievable injustice was also a ground on which an injunction could be issued. The decision ... Reports 495 was noted where an injunction was issued to prevent irretrievable injustice.
47. In my opinion, being relevant for clarification of the issue raised
encash the bank guarantee in
question, it would amount to irretrievable injustice to the
plaintiff. I am, Therefore, satisfied that it is a fit case ... counsel appearing for the respondents
contended that a case of 'irretrievable injustice or injury' would
be a case as described by the Supreme
encash the bank guarantees in question would also lead to
irretrievable injustice to the petitioner inasmuch, as, under Clause 6.2
of the Project Development Agreement ... bank guarantee in terms of clause
6.2, as it would cause irretrievable injustice to the petitioner.
61. Having heard learned counsel for the parties, considered
favour of injunction, such as when "irretrievable
injury or "irretrievable injustice" would occur if such
an injunction were not granted. The general ... encashment of the bank guarantee would
cause any "irretrievable injury" or "irretrievable injustice".
There is no plea of any "special
