relief of injunction can be granted on payment of entire consideration in case of specific performance of contract
the relief of
injunction
for protecting the suit property is required to be granted, but only upon
the plaintiff performing his part of the contract, which the plaintiff is
required to be ready and willing to perform at all material times including
at the time of filing the suit. This would be only upon payment of the entire
consideration by the plaintiff which is the only obligation that the plaintiff
is required to perform.
Judgment Pronounced on: 3rd February, 2012.
JUDGMENT:
The plaintiff has filed the above suit for specific performance of an oral agreement stated to have been entered into by the plaintiff with defendant No.1 in the beginning of April, 2002 pursuant to which the defendant No.1 made two declarations on 29 August, 2002 and 21 March 2003 and for other ancillary reliefs.
2. The plaintiff has taken out the above Notice of Motion for appointment of Court Receiver and the usual injunctions for protecting the suit property.
Bombay
High Court
Nirav Deepak Modi vs Najoo Behram Bhiwandiwala on 3 February, 2012
Bench: R. S. Dalvi
Judgment Reserved on: 17 January, 2012.Judgment Pronounced on: 3rd February, 2012.
JUDGMENT:
The plaintiff has filed the above suit for specific performance of an oral agreement stated to have been entered into by the plaintiff with defendant No.1 in the beginning of April, 2002 pursuant to which the defendant No.1 made two declarations on 29 August, 2002 and 21 March 2003 and for other ancillary reliefs.
2. The plaintiff has taken out the above Notice of Motion for appointment of Court Receiver and the usual injunctions for protecting the suit property.
