TEMPORARY INJUNCTION AND INTERIM ORDERS

Introduction

For the purpose of administration of justice among the parties every court is deemed to
posses all such powers as it is necessary to do complete justice to the parties concerned. An
injunction is a judicial process whereby a party is required to do, or to refrain from doing,
any particular act. It is a remedy in the form of an order of the court addressed to a
particular person that either prohibits him from doing or continuing to do a particular act
(prohibitory injunction); or orders him to carry out a certain act (mandatory
injunction).The interim order can always be granted in the aids of and as a ancillary to the
main relief available to the party or final determination of his right in a suit or any other
proceeding.
Object

The underlying object of granting temporary injunction is to maintain and preserve ,status
quo to prevent any change in it until the final determination of the suit. It is in the nature of
protective relief granted in favor of a party to prevent future possible injury. The need for
such protection, however, has to be judged against the corresponding need of the defendant
to be protected against injury resulting from exercising his own legal rights. The court
must weigh one need against another and determine where the balance of convenience lies
and may pass an appropriate order in exercise of its discretionary power.
Types

There are various types of injunction
Temporary Injunction – Temporary or interim injunction restrains a party
temporarily from doing the specified act and can be granted only until the disposal
of the suit or until the further orders of the court. It is regulated by the provisions of
Order 39 of the Code of Civil Procedure, 1908 and may be granted at any stage of
the suit.
Permanent Injunction– Permanent or perpetual injunction restrains the party
forever from doing the specified act and can be granted only on the merits at the
conclusion of the trial after hearing both the parties to the suit. It is governed by
Section 38 to 42 of Specific Relief Act, 1963.
Stay and Injunction

There is difference between stay and injunction. “Stay” means stoppage, arrest or suspension of judicial proceeding, while “injunction” means restraining or preventing a
person from commencing or continuing action. Order of stay is addressed to court while
order of injunction is issued to party. Injunction becomes effective as soon as it is issued
whereas stay operates only when it is communicated to the court to which it is issued.
Injunction thus acts in personam and not in rem.
Grounds of granting Temporary Injunction

Temporary injunction may be granted by a court in the following cases:
(a) where any property in dispute in a suit is in danger of being wasted, damaged or
alienated by any party to the suit, or wrongfully sold in execution of a decree; or
(b) where a defendant threatens, or intends to remove or dispose of his property with a
view to defrauding his creditors; or
(c) where a defendant threatens to dispossess the plaintiff or otherwise cause injury to the
plaintiff in relation to any property in dispute in the suit; or
(d) where a defendant is about to commit a breach of contract, or other injury of any kind;
or
(e) where a court is of the opinion that the interest of justice so requires
Principles

The granting of injunction order is at the discretion of the court, however it should be
exercised judiciously and reasonably and on a sound legal principles, before granting the
injunction order the court must be satisfied about the following factors:
i. Whether the plaintiff has a prima facie case?
ii. Whether the plaintiff would suffer irreparable injury if his prayer for temporary
injunction is not granted?
iii. Whether the balance of (in)convenience is in favor of the plaintiff?
Case Laws

Dalpat Kumar vs Prahlad Singh
The Supreme Court stated that existence of a prima facie right and infraction of such right
is a condition precedent for a grant of temporary injunction. The burden is on the plaintiff
to satisfy the court by leading evidence or otherwise that he has a prima facie case in his
favor. “The court while granting or refusing to grant injunction should exercise sound
judicial discretion to find the amount of substantial mischief or injury which is likely to be
caused to the parties, if the injunction is refused, and compare it with that which is likely to
be caused to the other side if the injunction is granted. If on weighing competing
possibilities or probabilities of likelihood of injury and if the court considers that, pending
the suit, the subject-matter should be maintained in status quo, an injunction would be
issued.
Manohar Lal Chopra vs Seth Heera Lal
Court’s inherent power may be described over an intricate analysis of section 151 of the
Civil Procedure Court, 1908 , where the two considerations laid down are exercise of the
powers to meet ends of justice and to prevent abuse of process. No temporary injunction
can be granted by the court unless the case falls within the provision of Rule 1 Order 39,
hence the case not covered under Order 39, interim injunction can be granted by the court.
Ex parte Injunction

The court has the power to grant an ex parte injunction without issuing a notice or granting
a hearing to the party, who will be affected by such order, the said power is to be exercised
uncommonly and under exceptional circumstances. It is generally observed that-
• Such injunctions are passed through severe damage caused to the petitioner in such
a way that only an ex-parte order may grant relief.
• Notice of the act in dispute is noticed by the Court.
• Petitioner must obey the principle of uberimae fidei.
• Order is of a temporary nature.
Injunction is equitable remedy and so such governing principles must be followed while
granting the same. To claim the application of equity, it is important that the person
seeking the same for an injunction must come with clean hands.
Conclusion

Injunction, irrespective of whether it is temporary or perpetual, a triple test must be applied
to categorize the dispute in hand. Such an analysis is important as many aspects like
recording of reasons, equitable remedy, notice, when an injunction can be granted, when
an injunction cannot be granted are all based on the understanding of the concept In order
to be able to go to the understanding of the concept of injunctions, prior knowledge of
interim orders is important. Efficiency and efficacy of the concepts are illustrated and
though it is generally the Court’s discretion to decide the case, the guidelines laid down
always help the parties and the laymen understand the essence of the concept and act
accordingly.

Aishwarya Says:

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