M/S Gail (India) Limited vs Petroleum & Natural Gas Regulatory ... on 7 July, 2021
otherwise be defeated. The courts should,
therefore, be slow in granting an injunction to restrain the
realization of such a bank guarantee. The courts have ... transaction. The
second exception to the general
rule of non-intervention is when
there are 'special equities' in
favour of injunction, such
rejecting
the application made by the appellant the second time; the respondents,
despite having suffered the injunction order the first time, did not file ... second exception, to the general rule of non-intervention, arises
when there are "special equities" in favour of injunction, such as when
upholding the order of the District Judge refusing to grant
an interim injunction restraining encashment of the bank guarantee by the
respondents ... rejecting the application made by the
appellant the second time; the respondents, despite having suffered the
injunction order the first time, did not file
accordingly.
Order 39 Rule 4 CPC provides that an order of injunction may be
discharged, or varied, or set aside by the Court ... dissatisfied with such order. The second proviso to
Order 39 Rule 4 CPC provides that, where an order of injunction has been
passed after giving
order. The second part as contained in para 17,
is a negative injunction to the effect that the Facilitator Members
should not provide any credit
BANK GUARANTEE:
The two exceptions, for refusal to grant an order of injunction to
restrain the enforcement of a bank guarantee, are (i) fraud committed ... fraud" has been raised, let us examine whether
the second exception to the gener.al rule of non-intervention is attracted.
This exception arises
Gail Gas Limited vs Petroleum & Natural Gas Regulatory ... on 3 November, 2017
APPEAL NO
District
Munsif's court and obtained an order of injunction and on that
basis they entered the suit premises though they had no right ... passed a decree in favour of the Defendants. The Plaintiff
preferred a second appeal to the High Court. During the
pendency of the said appal
parte injunction. He first respondent
entered appearance and exposed the hoax played upon the
court by the Petitioner and the Second Respondent ... their pleadings and especially when it
contains a prayer for injunction. A prayer for injunction,
which is an equitable remedy, must be governed