1975 (2) TMI 125

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....Revision Application and Krishna Devi P. Gupta petitioner No. 1 on the one side and Banwarilal Tibrewala who is respondent No. 2 in the above petition on the other was referred under Sections 91 to 96 of the Maharashtra Co-operative Societies Act 1960, to the District Deputy Registrar Co-operative Societies, Bombay. In that dispute the Co-operative Society prayed for eviction of Banwarilal Tibrewa....

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....er is challenged in the above revision application by the petitioners Krishnadevi Gupta and Manjudevi Gupta who are defendants 2 and 1 respectively in the suit in the Small Cause Court. 3. In Udyog Mandir Premises Co-operative Society Ltd. v. M/s. Contessa Knit Wear, it was laid down by this Court. "In the context of jurisdiction arising under two special Acts, viz. the Maharashtra Co-....

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....ant an injunction he should not, having regard to Section 41 (Bombay) of the specific Relief Act, 1963 which should guide the Court in dealing with interim injunction applications, grant such an injunction." In view of the decision it is clear that the Judge of the Small Cause Court acted contrary to the decision of this Court acted contrary to the decision of this Court in granting ad interim ....

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....pecial Duty. 5. Kantawala, Court. J., has affirmed this view in Civil Revision Application No. 417 of 1974 on November 25, 1974 (Bom) observing as follows: "In more one matter I have followed the decision of Vaidya, J., referred to above i.e., (the aforesaid Udyog Mandir's case). I set aside the injunction granted by the Small Cause Court at Bombay restraining the party from procee....