Temporary Injunctions: Preserving the Status Quo in Indian Civil Law, Study Guides, Projects, Research of Law

Download Temporary Injunctions: Preserving the Status Quo in Indian Civil Law and more Study Guides, Projects, Research Law in PDF only on Docsity! LAWS RELATING TO TEMPORARY INJUNCTIONS A] Introduction Temporary injunctions are injunctions issued during the pendency of proceedings i.e., it is granted only for a specified period until the next hearing or until the disposal of the suit. Apart from plaintiff, a defendant may also make an application for grant of an injunction. An injunction may be issued only against a party and not against a stranger or third party1 or non-party2. It also cannot be issued against a court or judicial officer3. B] Object The primary object of granting interim relief is the preservation of property in dispute till legal rights and conflicting claims of the parties before the court are adjudicated. The underlying object of granting temporary injunction is to maintain and preserve status quo at the time of institution of the proceedings and to prevent any change in it until the final determination of the suit. C] Legal Provisions Temporary or interim injunctions are regulated by the provisions of Order 39(XXXIX) of the Civil Procedure Code, 1908 and may be granted at any stage of the suit.4 (I) Essential elements: Before granting the injunction, the Court must be satisfied about the following factors: a. Prima Facie Case The Court must be satisfied that there is a bona fide dispute raised by the applicant i.e., the applicant must make out a prima facie case in support of the right claimed by him. There must be an arguable case for trial which needs investigation and a decision on merits and on the facts before the Court there is a probability of the applicant being 1 L.D. Meston School Society v. Kashi Nath, AIR 1951 All 588 2 W.B. Housing Board v. Pramila Sanfui, (2016) 1 SCC 743 3 Kaliav. Gram Sabha Manas, AIR 1973 P&H 479 4 S. 37(1), Specific Relief Act, 1963 (V) Injunction on insufficient Grounds: Where in any suit in which an order of temporary injunction has been obtained by the plaintiff on insufficient grounds, or where the suit of the plaintiff fails and it appears to the Court that there was no reasonable or probable ground for instituting it, on application being made by the defendant, the Court may order the plaintiff to pay such amount, not exceeding fifty thousand rupees, as it deems to be a reasonable compensation to the defendant for the expense or injury including injury to reputation caused to him14. D] Case-Laws 1. Gujarat Bottling Co. Coca Cola Co.15 The defendant committed a breach of agreement by transferring shares of the plaintiff to a third party without obtaining or without informing the plaintiff. The plaintiff terminated the agreement and obtained interim injunction restraining the defendant from entering into an agreement with the third party. The defendant applied for vacating the interim injunction which was rejected by the Supreme Court as the Court must exercise its sound judicial discretion. 2. Shiv Kumar v. MCD16 In this the Supreme Court stated that “The requirement for recording the reasons for grant of ex parte injunction cannot be held to be a mere formality. This requirement is consistent with the principle, that a party to a suit, who is being restrained from exercising a right which such party claims to exercise either under a statute or under the common law, must be informed why, instead of following the requirement of Rule 3, the procedure prescribed under the proviso has been followed.” E] Conclusion: Temporary injunction granted by the Court pendente lite comes to an end when the suit is finally decided. If the suit is dismissed, injunction is vacated. But even if the suit is decreed, temporary injunction comes to an end. Where ex parte relief is granted 14 Section 95, Code of Civil Procedure, 1908 15 (1995) 5 SCC 545: AIR 1995 SC 2372 16 (1993) 3 SCC 162 by the Court and the application is not decided within 30 days, the aggrieved party may prefer an appeal against such an order. An order of injunction maybe discharged, varied, or set aside by the Court on an application being made by any party dissatisfied with such order, or when such discharge, variation or setting aside has been necessitated by a change in circumstances, or where the court is satisfied that such order has caused undue hardship to the other side17. An injunction directed to a corporation is binding not only on the corporation itself, but also on all the members and officers of the corporation whose personal action it seeks to restrain. F] References: 1. Civil Procedure, 6th Edition, Justice CIC Thakker (Takwani) Former Judge, Supreme Court of India, EASTERN BOOK COMPANY LUCKNOW 2. The Code of Civil Procedure, 1908, Justice P.S. Narayana, 3rd Edition, Asia Law House 3. https://www.legalserviceindia.com/legal/article-2444-temporary-injunction-o- 39.html 4. https://legislative.gov.in/sites/default/files/A1908-05.pdf 17 R.4, Code of Civil Procedure, 1908