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Synopsis

I. Introduction

II. Meaning

III. Object

IV. Types of injunctions

V. Who may apply?

VI. Grounds: Rule 1

VII. Principles

1. Prima facie case:

2. Irreperable Injury

3. Balance of convenience

4. Other facts

VIII.Discretion of court

IX. Inherent power to grant injunction

X. Notice: Rule 3

XI. Ex Parte injunction

Morgan Stanley Mutual Fund v. Katrick Das (1994)

XII. Appeal

XIII. Revision

I. Introduction

Courts must be deemed to possess all such powers as may be necessary to do full and complete justice to the parties before it as they are constituted for administering justice.

II. Meaning

When an injunction is imposed, a person is refrained from or required to do an act. It is a remedy whereby by an order of injunction addressed to a particular person prohibits him from doing any act or orders him to perform any act.

III. Object

The object of granting interim relief is the preservation of the property before adjudication of the dispute.

IV. Kinds of injunctions

Injunctions are of two types:-

1. Temporary

2. Permanent

Permanent injunction is granted only on merits after hearing both the parties at the end of the trial.

Injunctions are also:-

1. Preventive, prohibitive, restrictive i.e. when they prevent, prohibit or restrain someone from doing something which may affect the rights of the parties.

2. Mandatory:- An order of injunction which compels, commands or orders some person to do something is a mandatory injunction.

V. Who may apply?

Plaintiff as well as defendant may apply for injunction against the other.

VI. Order XXXIX-Temporary Injunction

Rule 1 . Cases in which temporary injunction may be granted—
Where in any suit it is proved by affidavit or otherwise—
(a)that 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 a execution of a decree, or
(b) that the defendant threatens, or intends, to remove or dispose of his property with a view to defrauding his creditors,
(c) that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, the Court may be order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit as the Court thinks fit, until the disposal of the suit or until further orders.

VII. Principles

1. Prima facie case:

There should be a prima facie case supporting the right claimed by the plaintiff. Existence of a prima facie case right and infraction and infraction of such right is the prerequisite for granting temporary injunction.

2. Irreperable Injury

The court must be satisfied that irrepairable injury will be caused if the injunction as prayed is not granted to the applicant and there is no other remedy.

3. Balance of convenience

The Court must be convinced that there will be greater comparative mischief, hardship or inconvinience caused to the applicant by refusing the the injunction than which may cause the respondent by granting it.

4. Other facts

The court should consider various other circumstances and facts of each case and may refuse to grant injunction in the interest of justice.

VIII.Discretion of court

The courts have a discretion to grant or refuse injunctions. Parties are not entitled for the relief of injunction as a matter of right.

IX. Inherent power to grant injunction

Order 39 does not specify that temporary injunction may be granted only in circumstances enumerated in the said order. Therefore even if the case is not covered under order 39, the Court may grant injunction in exercise of inherent powers under section 151.

X. Notice: Rule 3

3 . Before granting injunction, Court to direct notice to opposite party—
The Court shall in all case, except where it appears that the object of granting the injunction would be defeated by the delay, before granting an injunction, direct notice of the application for the same to be given to the opposite party:
Provided that, where it is proposed to grant an injunction without giving notice of the application to the opposite party, the Court shall record the reasons for its opinion that the object of granting the injunction would be defeated by delay, and require the applicant—
(a) to deliver to the opposite party, or to send to him by registered post, immediately after the order granting the injunction has been made, a copy of the application for injunction together with—
(i) a copy of the affidavit filed in support of the application;
(ii) a copy of the plaint; and
(iii) copies of documents on which the applicant relies, and
(b) to file, on the day on which such injunction is granted or on the day immediately following that day, an affidavit stating that the copies aforesaid have been so delivered or sent.

3A . Court to dispose of application for injunction within thirty days.—
Where an injunction has been granted without giving notice to the opposite party, the Court shall make an endeavour to finally dispose of the application within thirty day from the date on which the injunction was granted; and where it is unable so to do, it shall record its reasons for such inability.

XI. Ex Parte injunction

Morgan Stanley Mutual Fund v. Katrick Das (1994)

The Supreme Court laid the factors which should weigh with a court in the grant of an ex parte injunction:

i. whether irreparable or serious mischief will ensue to the plaintiff

ii. whether the refusal of ex parte injunction would involve greater injustice than grant of it would involve

iii. the court will also consider the time at which the plaintiff first had notice of the act complained of so that the making of an improper order against a party in his absence is prevented.

iv. the court will consider whether the plaintiff had acquiesced for sometime and in such circumstances it will not grant ex parte injunction.

v. the court would expect a party applying for ex parte injunction to show utmost good faith in making the application

vi. even if granted, the ex parte injunction would be for a limited period of time

vii. General principles like prima facie case, balance of convenience and irrepairable loss would also be considered by the court.

XII. Appeal

Appeal lies against an order granting or refusing to grant injunction.

XIII. Revision

Order granting or refusing an injunction means a case decided within the meaning of section 115 of the Code and therefore a revision lies against such an order.

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