1076/2013 Suit Digri Sugar Mills Limited and others. (Plaintiff) V/S Mian Kamran Elahi and others. (Defendant)

Sindh High Court2020

Bench: Hon'ble Chief Justice Mr. Justice Muhammad Junaid Ghaffar(Author)

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1076/2013 Suit Digri Sugar Mills Limited and others. (Plaintiff) V/S Mian Kamran Elahi and others. (Defendant) Sindh High Court Bench: Hon'ble Chief Justice Mr. Justice Muhammad Junaid Ghaffar(Author) Order Date: 19-FEB-20 In a Suit for Declaration, Injunction, Cancellation, Rendition of Accounts and Recovery, Plaintiffs had sought a restraining order against Defendants from presenting postdated cheques given as security pursuant to written agreements between the parties; or to use the same for any criminal proceedings or otherwise. Defendants opposed this application on the ground that section 56 (e) of the Specific Relief Act bars grant of any such permanent injunction; hence, no temporary injunction can be granted. The Court repelled this argument and allowed the injunction application by passing a temporary injunction and restrained the Defendants from using such cheques in any manner pending trial of the Suit.
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