LawDistill
Supreme Court of India

MUMBAI INTERNATIONAL AIRPORT P.LTD vs INDAMER COMPANY P.LTD on 15 April, 2013

Cites 0 provisionsCites 0 judgmentsCited by 0
C.A. No.-003883-003883 - 2013Official PDFBench Surinder Singh Nijjar, Pinaki Chandra Ghose, Shiva Kirti SinghAdvocates COAC
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 3883 OF 2013
[Arising out of Special Leave Petition (Civil)
No.27519 of 2008]
MUMBAI INTERNATIONAL AIRPORT
PRIVATE LTD.APPELLANT
VERSUS
INDAMER COMPANY PRIVATE LIMITED
& ANR.RESPONDENTS
ORDER

Leave granted.

This appeal was filed against interim order,

dated 2nd July, 2008, in Appeal From Order No.418

of 2008 in Notice of Motion No.82 of 2007 in Short

Cause Suit No.45 of 2007. By the aforesaid order,,

the High Court had granted a limited injunction

that pending the hearing and final disposal of the

suit the appellant shall not dispossess or

interfere with the possession of respondent No.1 JUDGMENT except by due process of law.

Subsequent to the passing of the aforesaid

order, the appellant has settled the entire

dispute with respondent No.1, who has already

vacated the suit premises and has occupied another

space, under the subsequent independent arrangement

...2/-

:2:

between the parties. In the application (I.A.

NO.5/2013 in SLP(C) NO.27519/2008) filed on behalf

of appellant for seeking permission to file

additional documents, it has been brought to our

notice that the aforesaid suit in which the interim

order had been passed was actually dismissed on

28th June, 2012. Since the suit in which the

interim order had been passed has been dismissed,

obviously, the impugned order also cannot be

sustained.

In view of the above, the impugned order

passed by the High Court is set aside.

The appeal is disposed of with the aforesaid

observations. No costs.