S.D.S. SHIPPING PVT. LTD. versus JAY CONTAINER SERVICES CO. PVT. LTD. AND ORS.

Supreme Court declined to interfere with the High Court's interim order as no substantial injustice was shown; the order was interim in nature, no liberty to withdraw deposit granted, and the dispute regarding arrears was not serious; intervention under Article 136 reserved for manifest injustice.

Parties: Appellant: S.D.S. Shipping Pvt. Ltd.; Respondent: Jay Container Services Co. Pvt. Ltd.
Jurisdiction: India
Judgment Date: 08 May 2003
Procedural Posture: Civil Appeal / Appeal Against Division Bench Order of Bombay High Court
Outcome: Appeal disposed of; no interference with the High Court's interim order
Legal Topics: Interim Relief, Jurisdiction Under Article 136, Deposit of Arrears, Lease and Rental Disputes

Commercial Law Civil Procedure Constitutional Law Interim Relief Jurisdiction Under Article 136 Deposit of Arrears Lease and Rental Disputes

Case Brief

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Full judgment text Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 5

Parties

S.D.S. Shipping Pvt. Ltd.

Appellant

Jay Container Services Co. Pvt. Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal Against Division Bench Order of Bombay High Court

Legal Issues

1 Whether the Supreme Court should interfere with the High Court's interim direction to deposit arrears under Article 136
2 Applicability of Order 12 Rule 6, Order 39 Rule 10, and Section 151 CPC for interim monetary order
3 Extent of liability for rental and damages after expiry of lease agreement

Ratio Decidendi

Court Disposition

Appeal disposed of; no interference with the High Court's interim order

Orders

Appellant directed to deposit Rs. 50 lakhs instead of Rs. 82 lakhs by the end of June 2003; parties to bear respective costs