BABU LAL & ORS. versus M/S VIJAY SOLVEX LTD. & ORS.

BABU LAL & ORS. versus M/S VIJAY SOLVEX LTD. & ORS.

While dealing with a matter relating to vacation of order of temporary injunction, it was not open for the High Court to give a finding on the main issue relating to maintainability of the suit and the family settlement reached between the parties. The impugned judgment is set aside and the matter remitted to High Court for fresh disposal.

Parties
Appellant: Babu Lal & Ors.; Respondent: M/S Vijay Solvex Ltd. & Ors.
Jurisdiction
India
Judgment Date
04 August 2014
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment Disposing Interim Injunction Order
Outcome
Appeals disposed; impugned High Court judgment set aside; matter remitted to High Court for fresh disposal.
Legal Topics
Injunction, Family Settlement, Partition, Maintainability of Suit, Corporate Veil
Civil Procedure Property Law Company Law Injunction Family Settlement Partition Maintainability of Suit Corporate Veil

Case Brief

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Parties

Babu Lal & Ors.

Appellant

M/S Vijay Solvex Ltd. & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment Disposing Interim Injunction Order

Legal Issues

  1. 1 Whether temporary injunction can be granted in favour of the plaintiffs/appellants pending suit for partition and family settlement involving companies and firms.
  2. 2 Whether suit by plaintiffs is maintainable with present parties and causes of action.
  3. 3 Effect and binding nature of the alleged family settlement dated 20.12.2007 between parties on companies and firms.

Ratio Decidendi

While dealing with a matter relating to vacation of order of temporary injunction, it was not open for the High Court to give a finding on the main issue relating to maintainability of the suit and the family settlement reached between the parties. The impugned judgment is set aside and the matter remitted to High Court for fresh disposal.

Court Disposition

Appeals disposed; impugned High Court judgment set aside; matter remitted to High Court for fresh disposal.

Orders

  • Impugned judgment and order dated 14th March, 2012 passed by High Court of Judicature for Rajasthan, Bench at Jaipur set aside.
  • Matter remitted to High Court for fresh disposal after hearing the parties.