SBCMA No.1400/2008 Sudhir Kumar Vs. Basanti Lal & Ors. 1 S.B. Civil Misc. Appeal No.1400/2008 Sudhir Kumar vs Basanti Lal & Ors. DATE OF ORDER : - 26.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.Pankaj Bohra,for the appellant. <><><> Heard learned counsel for the appellant. The appellant sought specific performance of contract dated 16.8.1997 by filing the suit in the year 2008. The appellant claims that defendant no.1-respondent no.1 executed the agreement to sell in his favour referred above. The trial court was of the view that prima facie the suit is collusive one and the property in question is already under attachment obtained by the respondent no.3 Smt. Bhanwari Devi. The notices for auction of the property in question were published several times and the vendor to the appellant already applied for declaring himself to be insolvent and for also, public notices have already been issued. Learned counsel for the appellant submitted that question of collusion cannot be determined at the stage of SBCMA No.1400/2008 Sudhir Kumar Vs. Basanti Lal & Ors. 2 grant of injunction and the Hon'ble Apex Court in the case of Hanif Azami Eliyas Azami Vs. Shabana Mohsin Ghazi @ Shaikh & Anr reported in 2006 RNJ 1273 (CD) (SC) decided on 1.8.2006 granted the injunction in a matter where there was allegation of collusion between the appellant and respondent no.2. The facts of the said case are entirely different to the facts of this case, which have been referred above. It is true that no finding can be recorded while deciding the injunction application and in this case, that has not been done, but when it appears that the applicant has not come with clean hands then on this ground alone also the injunction application can be dismissed. In view of the above reasons there is no merit in this appeal and the same is hereby dismissed. (PRAKASH TATIA), J. c.p.goyal/-