LAWS(MAD)-1997-8-33

A C MUTHIAH Vs. MADRAS REFINERIES LTD

Decided On August 11, 1997
A C MUTHIAH Appellant
V/S
MADRAS REFINERIES LTD MADRAS Respondents

JUDGEMENT

(1.) THESE review applications are filed against the common judgment, dated 18-3-1997 , delivered in O. S. Appeal Nos. 171 to 174, 190 to 193 and 243 to 246 of 1996.

(2.) REVIEW C. M. P. No. 20 of 1997 is filed by Dr. A. C. Muthiah, who is the 2nd appellant in O. S. A. No. 243 of 1996. REVIEW C. M. P. Nos. 23 to 28 of 1997 are filed by Southern Petrochemical Industries Corporation ltd. , rep. by its Director and Secretary Mr. A. Santhanakrishnan and SPIC petrochemicals Ltd. , rep. by its Company Secretary Mr. S. Natarajan, who are the appellants in O. S. A. Nos. 190 to 192 of 1996 and respondents 1 and 2 on o. S. A. Nos. 171 to 173 of 1996. These review applications are filed to review the common judgment, dated 18-3-1997 , delivered in O. S. A. Nos. 171 to 174, 190 to 193 and 243 to 246 of 1996.

(3.) THE Appellate Court, normally, will not interfere with the exercise of discretion in granting or refusing injunction by the trial court unless the discretion exercised by the trial court shown and proved to be of arbitrary, capricious and perverse or by ignoring the settled principles of law regulating the grant or refusal of interim injunction. THE Division Bench has not recorded a finding in its common judgment that the order of the learned single Judge is either perverse or vitiated by arbitrary and capricious exercise of discretion in the matter of grant of injunction. This is also an error apparent on the face of the judgment.