SATURN FABRICATORS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned advocate Mr. Arjun Sheth for the appellant, learned advocate Ms. Archana Amin for respondent Nos. 1 to 3 and learned advocate Mr. Vishwas Shah for respondent No.4.

(2.) This Appeal from Order preferred by the appellant original plaintiff was directed against order dtd. 30/9/2020 passed by the Commercial Court and learned Second Additional Senior Civil Judge, Vadodara, below Exh. 5 application in Commercial Civil Suit No. 37 of 2020, whereby the Commercial Court did not grant interim relief to the appellant plaintiff. The interim injunction was prayed for against invocation and encashment of bank guarantee. It was also prayed to declare the notice dtd. 17/9/2020 issued by defendant Nos. 2 and 3 to be illegal. Further prayer was for injunction against defendant Nos. 2 and 3 from terminating the contract.

(3.) The prayer for injunction of termination of contract was refused by the Commercial Court on the valid ground as observed in para 4 of the impugned order that the granting of injunction against termination of contract would amount to decreeing the suit itself at the interim stage. It is trite principle that at the interim stage, principal prayer cannot be granted. Learned Commercial Court was justified on that count.