- (1.) Leave granted. This appeal is directed against the judgment and order dated 16-7-2009 passed by the High Court of Judicature of Bombay in Writ Petition No. 5756 of 2008 by which the High Court, in the exercise of its power under Article 227 of the Constitution of India, had set aside the concurrent findings of fact arrived at by the courts below by which an application for injunction filed by the appellant in a pending suit was allowed in the manner indicated in the said order.
(2.) The appellant before us is the original plaintiff in the suit which has been filed for declaration and injunction. As noted hereinearlier, against the order of the High Court setting aside the concurrent orders of the courts below allowing an application for injunction pending disposal of the suit, the appellant-plaintiff has come up to this Court by way of a special leave petition which on grant of leave was heard in the presence of the learned counsel for the parties.
(3.) We have heard Mr Shyam Divan, learned Senior Counsel appearing for the appellant-plaintiff and Dr. A.M. Singhvi, learned Senior Counsel appearing for the respondent-defendant. We have examined the impugned order as well as the orders of the courts below in depth and in detail. We have also heard the learned Senior Counsel for both the parties in extenso. In our view, the findings arrived at by the courts below cannot be said to be perverse or arbitrary for which the High Court could set aside the said orders in the exercise of its power under Article 227 of the Constitution.;