Whether court should grant Injunction when damages can be assessed?

A bare perusal of the reply to the notice dated 6th August, 1993 will show (this has already been quoted), the plaintiff assessed the damage if the agreement is terminated, as the plaintiff themselves assessed the damages as will be evident from the paragraph quoted above, the question of granting injunction does not arise, because the law is settled that if the damage can be assessed, in term of money which or it can be compensated the question of granting injunction does not arise. In that view of the matter also, the injunction ought not to have been granted. Further, the suit itself was for permanent injunction and in such suit temporary injunction must be granted in a cautious manner, because by granting temporary injunction relief in the suit is being granted. That should not be done by the court. No doubt, in specific cases temporary injunction may be granted. The procedure of granting temporary injunction should not be adopted as a general and normal course.

Gauhati High Court

State Of Assam And Anr. vs M.S. Associates on 2 May, 1994

Bench: J Sarma, S Neelam

 Citation: AIR1994Gau105, (1994)2GLR104

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Whether loss to govt can be presumed when there is delay in completion of public project?

There is no dispute that the appellant failed to execute the work
of construction of sewerage pumping station within the stipulated or
extended time.
The said pumping station certainly was of public
utility to maintain and preserve clean environment, absence of which
could result in environmental degradation by stagnation of water in
low lying areas.
Delay also resulted in loss of interest on blocked
capital as rightly observed in para 7 of the impugned judgment of the
High Court.
In these circumstances, loss could be assumed, even
without proof and burden was on the appellant who committed
breach to show that no loss was caused by delay or that the amount
stipulated as damages for breach of contract was in the nature of
penalty. Even if technically the time was not of essence, it could not
be presumed that delay was of no consequence.

REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS...1440-1441 OF 2015
(ARISING OUT OF SLP (C) NOS.35365-35366 OF 2012)
M/S. CONSTRUCTION & DESIGN SERVICES
...APPELLANT
VERSUS
DELHI DEVELOPMENT AUTHORITY
Dated;FEBRUARY 4, 2015

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