M.P. HOUSING BOARD versus ANIL KUMAR KHIWANI

M.P. HOUSING BOARD versus ANIL KUMAR KHIWANI

Grant of interim injunction restraining allocation of the commercial unit in self-financing scheme not justified, as such order may jeopardize the completion of project and affect contributions by co-purchasers; estimation of cost is permissible, and developer may revise final cost proportionate to estimate, subject to proper evidence and trial; matter remitted for fresh decision as relevant documents not placed before lower courts.

Parties
Appellant: M.P. Housing Board; Respondent: Anil Kumar Khiwani
Jurisdiction
India
Judgment Date
14 March 2005
Procedural Posture
Civil Appeal / Appeal From High Court Order Under Order 39 Rules 1 and 2 CPC
Outcome
Appeal allowed; impugned judgment and orders set aside; matter remitted to trial court for fresh decision in accordance with law.
Legal Topics
Interim Injunctions, Self Financing Schemes, Commercial Complex Construction, Scheme Cost Escalation
Civil Procedure Urban Development Interim Injunctions Self Financing Schemes Commercial Complex Construction Scheme Cost Escalation

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Parties

M.P. Housing Board

Appellant

Anil Kumar Khiwani

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order Under Order 39 Rules 1 and 2 CPC

Legal Issues

  1. 1 Whether interim injunction restraining allocation of commercial unit is justified in self-financing schemes based on estimated project cost
  2. 2 Whether the developer can increase the cost announced as estimated, and whether the respondent is bound by updated cost

Ratio Decidendi

Grant of interim injunction restraining allocation of the commercial unit in self-financing scheme not justified, as such order may jeopardize the completion of project and affect contributions by co-purchasers; estimation of cost is permissible, and developer may revise final cost proportionate to estimate, subject to proper evidence and trial; matter remitted for fresh decision as relevant documents not placed before lower courts.

Court Disposition

Appeal allowed; impugned judgment and orders set aside; matter remitted to trial court for fresh decision in accordance with law.

Orders

  • Appeals allowed.
  • Impugned judgment and orders set aside.