VidhiSangh

Supreme Court of India · 21/08/2018

SAMIR NARAIN BHOJWANI versus M/S. AURORA PROPERTIES AND INVESTMENTS AND ANR.

[2018] 10 S.C.R. 50 · 2018 INSC 733

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Summary

The High Court ordered a developer at an interlocutory stage to hand over eight additional flats and sixteen parking spaces pursuant to settlement terms between the other parties. The Supreme Court set aside that mandatory injunction, held that those terms could not be imposed on the appellant, and restored the earlier restraint against dealing with identified flats and parking spaces pending the suit.

Issues

  1. Whether an interlocutory mandatory injunction could compel delivery of additional flats on the basis of settlement terms between other parties.
  2. Whether moulding final relief justified the mandatory handover order at the interim stage.

Provisions considered

Held

Result

Appeal allowed; the mandatory handover order was set aside and the earlier protective ad-interim order restored, subject to later High Court modification. No costs.

Judgment PDF: Supreme Court of India, [2018] 10 S.C.R. 50.