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    <title>2024 (4) TMI 107 - Supreme Court</title>
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    <description>Interim mandatory injunctions require a stricter application of the prima facie case, balance of convenience and irreparable injury test. Here, the State failed to show available borrowing space on the material then available: the Court prima facie accepted that earlier over-borrowing could be adjusted against later years, and that off-budget borrowing and past over-utilisation left no demonstrated fiscal headroom for further borrowing. The pleaded financial hardship was treated as monetary and not, at that stage, irreparable injury. The balance of convenience also weighed against interim relief because large-scale disruption would be difficult to reverse if the suit ultimately failed.</description>
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    <pubDate>Mon, 01 Apr 2024 00:00:00 +0530</pubDate>
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      <title>2024 (4) TMI 107 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=750926</link>
      <description>Interim mandatory injunctions require a stricter application of the prima facie case, balance of convenience and irreparable injury test. Here, the State failed to show available borrowing space on the material then available: the Court prima facie accepted that earlier over-borrowing could be adjusted against later years, and that off-budget borrowing and past over-utilisation left no demonstrated fiscal headroom for further borrowing. The pleaded financial hardship was treated as monetary and not, at that stage, irreparable injury. The balance of convenience also weighed against interim relief because large-scale disruption would be difficult to reverse if the suit ultimately failed.</description>
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