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    <title>2009 (3) TMI 1095 - DELHI HIGH COURT</title>
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    <description>Interim injunction to restrain implementation of an earlier decree was refused because the plaintiffs failed to plead or prove fraud with specific particulars or supporting material. The decree had already been passed on merits and affirmed in appeal, so its binding effect could not be displaced by bare allegations. The record also showed that the Club and its members were aware of the litigation and had taken steps in relation to it, which weakened the claim that the decree was obtained behind their back. As no prima facie case was established and the balance of convenience was not in the plaintiffs&#039; favour, the application was dismissed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=306566</link>
      <description>Interim injunction to restrain implementation of an earlier decree was refused because the plaintiffs failed to plead or prove fraud with specific particulars or supporting material. The decree had already been passed on merits and affirmed in appeal, so its binding effect could not be displaced by bare allegations. The record also showed that the Club and its members were aware of the litigation and had taken steps in relation to it, which weakened the claim that the decree was obtained behind their back. As no prima facie case was established and the balance of convenience was not in the plaintiffs&#039; favour, the application was dismissed.</description>
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