Bombay High Court

KALAWANTI S. ADVANI AND ANR.versusM/S SATCHI DEVELOPMENT COMPANY PVT. LTD. AND 4 ORS.

Disposal: Disposed of
Bench: VALMIKI MENEZES

Holding

The Court held that, in the absence of any prior interim order of restraint, the interim injunction sought must be rejected.

Summary

The applicants sought an interim injunction restraining the respondents in a civil suit that had been pending since 2011. The trial court had rejected the applicants' application for a temporary injunction, and the subsequent appeal against that order was also dismissed. No interim order of restraint had ever been in force against the respondents during the fifteen-year litigation. The High Court examined the record and noted the absence of any such interim relief. Consequently, the Court held that the interim relief sought in the present civil application must be denied and the application disposed of.

Issues considered

Whether an interim injunction restraining the respondents should be granted in the present civil application.

Subjects

interim injunction
civil application
temporary injunction
high court
disposal

Judgment

                                    CA 39 2026

     Sonam

             IN THE HIGH COURT OF BOMBAY AT GOA
                  CIVIL APPLICATION NO.39 OF 2026
                                IN
                    FIRST APPEAL NO.20 OF 2026
KALAWANTI S. ADVANI AND ANR.                           ... APPLICANTS
  Versus
M/S SATCHI DEVELOPMENT COMPANY
PVT. LTD. AND 4 ORS.                                    ... RESPONDENTS


Mr. Ajit R. Kantak, Advocate for the Applicants.
Mr. Kunal Nadkarni, Advocate for the Respondents.


                     CORAM:- VALMIKI MENEZES, J.
                     DATED :- 30th April, 2026

P.C.:
1.    Heard.
2.    From the record, there was no interim order of restraint against the
Defendants. There is no interim order of injunction operating against
the Defendants during the course of the entire suit. In fact, an
application for temporary injunction with the same relief as sought in
the Civil Application was rejected by the Trial Court, and an Appeal
against that order also came to be rejected. This has been the position
since the date of filing the suit in the year 2011 i.e., for 15 years as of
today. Consequently, the interim relief must be rejected. The Civil
Application stands disposed of.



                                             VALMIKI MENEZES, J.

                                     Page 1 of 1
                                   30th April, 2026

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