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Indian Laws - Highlights / Catch Notes

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Suit for permanent injunction regarding outstanding dues and ...


Permanent injunction for outstanding storage charges allowed. Separate suit maintainable for distinct causes of action like damages.

Case Laws     Indian Laws

July 27, 2024

Suit for permanent injunction regarding outstanding dues and arrears of storage charges. Order VII Rule 11 CPC. Plaintiff specifically reserved rights in first suit regarding claim against warehousing charges, damages for illegal use and occupation, and applied for leave to file separate suit, which was granted. No relinquishment or omission to claim relief. Separate causes of action, second suit maintainable. Appellant facing recovery of over Rs. 8 crores, unnecessarily delaying suit pending since 2016. Impugned order does not suffer from infirmity. Appeal dismissed.

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