similar bald averment alleging fraud is also contained in the second application for injunction relating to bank guarantee No.40/47. This ... been made only in the injunction application, the Court could not, in the present case, have granted an injunction relating to the encashment
Bank by temporary injunction from encashing the Bank Guarantee.
8. It may be noted that the application for temporary injunction is dated 20th ... same relief are successively filed and in the second suit an application for injunction in same terms is made, there is no reason
injunction" and not an order of injunction.
Meaning, it would apply in all cases where
interim injunction application has been
decided. Secondly, even where ... reopened time and again before the same
Court. If therefore, interim injunction
application has been disposed of after
byparte hearing, at the instance
circumstances of the case, and hence the impugned order is without
application of mind and perverse and hence same deserves to be
quashed ... injunction came to be
dismissed for default, and thereafter, second application for injunction
was also came to be rejected against which the Petitioner has filed
consider the order passed in
the application for injunction preferred by the plaintiff in the
second suit being Special Civil Suit ... plaintiff and again, rejected the
application for injunction preferred by the plaintiff. It was
observed that second suit filed by the plaintiff
claimed in para 24(a) of the injunction application filed below
Exh.5. Vide second part of the relief in para ... granted
relief, as prayed for, in second part of para 24(a) of the
injunction application Exh.5.
12. Now, coming to the submission that
apply to other trial court for modification of the injunction and pursuant thereto the injunction was modified by the trial court which enabled the company ... company and for a consequential injunction to retrain him from acting as such. The application seeking interim injunction in the said terms, was, howere, rejected
party who knowingly institutes second suit and obtains ex parte injunction so as to frustrate the effect of earlier injunction granted by Court of coordinate ... Supreme Court. The institution of the second suit and filing an application for temporary injunction and deliberately omitting to implead Hindustan Zinc Limited as party
held that the application for time to file objections to the interim injunction application amounted to taking a step in the proceedings within the meaning ... does the application given by the defendant contesting the injunction application and asking for time to file reply to the injunction application amount to taking
petitioner
preferred an application for interim injunction. But before
such application was decided, the petitioner filed petition
being Civil Application (Stamp Number ... petitioner chose to prosecute her
application for injunction in her suit and after rejection of such
application, she filed second petition for the same relief
