Eden Infracon Pvt. Ltd. v. Savita Bhagat and Ors.
Case brief
What is this about?
Maintainability of second Section 151 CPC application for identical injunction relief while Order XXXIX Rules 1 and 2 application pending and ad interim injunction refused; appeal against dismissal of Section 151 application treated as effectively a recall petition under Order XXXIX Rules 1 and 2 and held otherwise maintainable; dismissal at admission stage under Order XLI Rule 11 CPC; appeal rendered academic due to admission of appeal (FMA No. 556 of 2025) against original injunction-refusal order dated January 29, 2025; suit for specific performance of two development agreements; Eden Infracon Private Limited v. Savita Bhagat; decided May 6, 2025.
What did the court decide?
An application though captioned under Section 151 CPC, being effectively for recall of an order under Order XXXIX Rules 1 and 2 CPC, is one against whose dismissal an appeal is otherwise maintainable.