G H CENTURY RAYON LIMITED versus IVP LIMITED AND OTHERS

G H CENTURY RAYON LIMITED versus IVP LIMITED AND OTHERS

The injunction order restraining the appellant and the electricity company lacked justification because necessary permissions were obtained, compensation remedy is available, 80% of the work was complete, and the balance of convenience and public interest do not support continuing interim relief.

Parties
Appellant: Century Rayon Limited; First Respondent: IVP Limited; Second Respondent: Maharashtra State Electricity Distribution Company Limited (MSEDC)
Jurisdiction
India
Judgment Date
27 November 2019
Procedural Posture
Civil Appeal / Final Decision on Appeal Against High Court Interim Order
Outcome
Appeal allowed, impugned order and injunction order set aside
Legal Topics
Interim Injunction, Balance of Convenience, Transmission of Electricity, Land Use for Public Utilities, Compensation Under Telegraph Act
Injunction Electricity Laws Interim Injunction Balance of Convenience Transmission of Electricity Land Use for Public Utilities Compensation Under Telegraph Act

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Parties

Century Rayon Limited

Appellant

IVP Limited

First Respondent

Maharashtra State Electricity Distribution Company Limited (MSEDC)

Second Respondent

Procedural Posture

Civil Appeal / Final Decision on Appeal Against High Court Interim Order

Legal Issues

  1. 1 Whether interim injunction restraining electricity transmission works on respondent's land should be continued
  2. 2 Whether balance of convenience justifies interim relief
  3. 3 Legal requirements for permission and compensation under Telegraph Act for use of third party land

Ratio Decidendi

The injunction order restraining the appellant and the electricity company lacked justification because necessary permissions were obtained, compensation remedy is available, 80% of the work was complete, and the balance of convenience and public interest do not support continuing interim relief.

Court Disposition

Appeal allowed, impugned order and injunction order set aside

Orders

  • Impugned High Court order and injunction order set aside
  • Appellant to make ad hoc payment of Rs. 20,00,000/- to first respondent