Appellate Court will number reassess the material and seek to reach a companyclusion different from the one reached by the companyrt below if the one reached by that companyrt was reasonably possible on the material.
This qualifies for both acquiescence and estoppel defences.
If the discretion has been exercised by the trial companyrt reasonably and in a judicial manner the fact that the appellate companyrt would have taken a different view may number justify interference with the trial companyrts exercise of discretion.
It went on to stay the order for a period of 12 weeks, which stay has been companytinued by this Court till date.
After referring to these principles Gajendragadkar, J. in Printers Mysore Private Limited vs. Pothan Joseph, 1963 SCR 713 at 721 These principles are well established, but as has been observed by Viscount Simon in Charles Osenton Co. v. Jhanaton, 1942 AC 130, the law as to the reversal by a companyrt of appeal of an order made by a judge below in the exercise of his discretion is well established, and any difficulty that arises is due only to the application of well settled principles in an individual case.
F. Nariman, J. Leave granted.
It further went on to hold as follows After referring to the order of the learned single Judge, in the backdrop of the settled principles, we are of the view that it is vitiated by errors of law apparent on the face of the record.
It, therefore, upset the judgment of the learned Single Judge and granted the temporary injunction asked for.
