CPC Case Brief – Gujarat Bottling v. Coca Cola

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Ratio: The supreme court held that since the relief is wholly equitable in nature, the party invoking the jurisdiction of the court has to show that he himself was not at fault and that he himself was not responsible for bringing about the state of affairs complained off and that he was not unfair and inequitable in his dealing with the parties against whom he was seeking his conduct should be fair and honest. These consideration will arise not only in respect of the person who seeks an injunction order under order 39 but also in respect of the party approaching the court for vacating the ad interim injunction order already granted in the pending suit or proceeding in a case a lessee under a permanent lease has already a permanent structure on the lease hood land long back without any objection in this regard on the part of the lessor. The lessor later, sort the grant of interim injunction commanding the lessee to pulled on construction as there was no express agreement to raise such structure, held that the interim injunction as sort for could not be granted specially when the lessor had not made what prejudice would be cost to him, if the injunction was not granted and the grant of injunction would cause irreparable loss to the lessee.

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