Temporary Injunction
WHAT IS A TEMPORARY INJUNCTION
Temporary Injunction
•is a provisional remedy that aims to preserve the
subject matter in its standing state
•granted by the Court when the Defendant is likely
to cause a legal injury to the property of the
Plaintiff or
•threatens the Plaintiff to dispossess the property or
•creates a thirty party interest in the property, then
in such situation
TEMPORARY INJUNCTION -CHARACTERESTICS
Some characteristics
1. It is an interim remedy that is raised to reserve
the subject matter or maintain the status quo of
the property in dispute
2. It may be granted on an interlocutory application
at any stage of the suit
1. “interlocutory” means not that decides the cause but which
only settles some intervening matter relating to the cause.
After the suit is instituted by the plaintiff and before it is
finally disposed off, the court may make interlocutory
orders as may appear to the court to be just and
convenient.
3. Part of a supplemental proceeding Sec 94 CPC
TEMPORARY INJUNCTION – PRE-CONDITIONS
Prima-facie case – On the face of it, the plaintiff
must show the existence of a legal right in his
favour. The plaintiff should come to Court with
clean hands and no material facts are suppressed.
Martin Burn Ltd vs. [Link] 1958 AIR 79
SCR 514
Prakash Singh vs. State of Haryana, 2002 (4) Civil L.J.71
(P.H.)
The Court has explained that Prima Facie does not mean
that a Plaintiff/Applicant should have a full proof case in his
favour which will succeed in all probabilities. It means that
the plaintiff/applicant has a case which cannot be rejected
summarily or dismissed out right. It raises consideration
which can be considered on merits.
TEMPORARY INJUNCTION – PRE-CONDITIONS
Irreparable Injury: Further, the applicant must satisfy
the court that he will suffer irreparable injury if the
injunction is not granted.
The Court is satisfied that the Plaintiff needs to be
protected from the consequences of apprehended injury.
An injury will be viewed as irreparable wherein there
exists no certain monetary standard for calculating
damages.
Balance of Convenience
In other words, the court must be satisfied that the
comparative mischief, hardship or the inconvenience
which is likely to be caused to the applicant by refusing
injunction will be greater than that which is likely to be
caused to the opposite party by granting it. Dalpat
Kumar vs. Prahlad Singh, (1992) 1 SCC 719
LEGAL FRAMEWORK
Sec 37
Temporary injunctions are such as are to continue
until a specific time, or until the further order of the
court, and they may be granted at any stage of a
suit, and are regulated by the Code of Civil
Procedure, 1908 (5 of 1908).
LEGAL FRAMEWORK
Interlocutory Applications
“Interlocutory application” means an application to
the Court in any suit, appeal or proceeding already
instituted in such Court, other than a proceeding
for execution of a decree or order.
The Civil Rules of Practice and Circular Orders,
Chapter I – Preliminary – Rule 2 (J) defines:
TEMPORARY INJUNCTION – LEGAL FRAMEWORK
Sec 94 - Temporary injunction as a part of supplemental
proceedings
Order 30 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 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
TEMPORARY INJUNCTION – LEGAL FRAMEWORK
Rule 2 order 39
Injunction to restrain repetition or continuance of breach
of contract
In any suit for restraining the defendant from committing a
breach of contract or other injury of any kind, whether
compensation is claimed in the suit or not, the plaintiff may, at
any time after the commencement of the suit, and either before
or after judgment, apply to the Court for a temporary injunction
to restrain the defendant from committing the breach of
contract or injury complained
TEMPORARY INJUNCTION – LEGAL FRAMEWORK
Consequence of disobedience or breach of injunction. R 2A
In the case of disobedience of any injunction granted or other
order made under rule 1 or rule 2 or breach of any of the terms
on which the injunction was granted or the order made,
the Court granting the injunction or making the order, or any Court to
which the suit or proceeding is transferred, may order
1. the property of the person guilty of such disobedience or breach to be
attached, and may
2. also order such person to be detained in the civil prison for a term
not exceeding three months, unless
3. in the meantime the Court directs his release.
TEMPORARY INJUNCTION – LEGAL FRAMEWORK
Consequence of disobedience or breach of injunction. R 2A
R1. In the case of disobedience of any injunction granted or
other order made under rule 1 or rule 2 or breach of any of the
terms on which the injunction was granted or the order made,
the Court granting the injunction or making the order, or any Court to
which the suit or proceeding is transferred, may order
1. the property of the person guilty of such disobedience or breach to be
attached, and may
2. also order such person to be detained in the civil prison for a term
not exceeding three months, unless
3. in the meantime the Court directs his release.
TEMPORARY INJUNCTION – TWO STAGES
2A.2. No attachment made under this rule shall remain in
force for more than one year, at the end of which time, if
the disobedience or breach continues, the property
attached may be sold and out of the proceeds, the Court
may award such compensation as it thinks fit to the
injured party and shall pay the balance, if any, to the party
entitled thereto.
EX-PARTE INJUNCTION –AD INTERIM INJUNCTION
R3: Before granting injunction, Court to direct notice
to opposite party.
The Court shall in all cases, 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:
EX-PARTE INJUNCTION – SOME CONDITIONS
Duties of the Court and applicant
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—
a) a copy of the affidavit filed in support of the application;
b) a copy of the plaint; and
c) copies of documents on which the applicant, relies, and
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.
A. Venkatasubbiah Naidu vs S. Chellappan 2000 -
EX-PARTE INJUNCTION ISSUES
Microsoft Corporation v. Dhiren Gopal and Ors., [2010
(42) PTC 1 (Del)],
the judge himself was of the opinion that once an
ex-parte injunction is granted by the Court after
that an ex-parte injunction vacated or a decision on
the application on merits by the court becomes a
Herculean task for the other party. It has become a
routine process. Under Order 39 Rules 1 and 2
CPC, deciding applications on merits after hearing
the parties in such cases is a rare phenomenon.
Except this, excuses are used to seek adjournments
once a party gets ex parte injunction.
EX-PARTE INJUNCTION ISSUES
KENT RO SYSTEM LTD. & ANR. versus GATTUBHAI & ORS. 2022
Ramrameshwari Devi & Ors vs Nirmala Devi & Ors 2011
Guidelines
• Courts have to be very careful in imposing ex parte orders.
If an injunction has been granted on the basis of false
pleadings or forged documents (which is very often the case
in India) courts must impose costs on the litigants.
• Courts should give short notice to the Defendants and hear
both parties before passing ex parte interim orders since the
experience has been that once granted these orders cause
havoc and getting them modified is next to impossible.
• In an exceptional case where the court has to grant an ex-
parte injunction it must record in the order that if the suit is
dismissed the petitioner will have to pay full restitution,
actual or realistic costs and mesne profits.
• If ex parte order is granted then all endeavours should be
made to dispose the application for injunction as
expeditiously as possible, preferably as soon as the
defendant appears in court or another option available is, to
limit the life of the ex parte order for a week so as to
EX-PARTE INJUNCTION ISSUES
4. Order for injunction may be discharged, varied or set
aside.—Any order for an injunction may be discharged,
or varied, or set aside by the Court, on application made
thereto by any party dissatisfied with such order:
[Provided that if in an application for temporary
injunction or in any affidavit supporting such
application, a party has knowingly made a false or
misleading statement in relation to a material particular
and the injunction was granted without giving notice to
the opposite party, the Court shall vacate the injunction
unless, for reasons to be recorded, it considers that it is
not necessary so to do in the interests of justice:
APPEAL AGAINST AN ORDER FOR TEMPORARY INJUNCTION
In Yenamandala Venkatarayudu vs. Vegi Ananthalaxmi (1975
(2) An. WR 476 at 478).
“Where an appeal is preferred against the order passed by the
trial Court in an interlocutory application either granting or
refusing to grant temporary injunction pending disposal of
the suit, it is not desirable ordinarily for the appellate Court
to grant ex parte interim injunction against the respondent in
the appeal or to pass ex parte order staying the operation of
the injunction order passed by the trial Court unless there
are special circumstances warranting the appellate Court to
do so. Duty is cast on the appellate Court to consider well
whether it is absolutely necessary to pass such ex parte
injunction or ex parte stay order. The appellate Court
should not pass such ex parte orders in a routine way.”
VACATION OF INJUNCTION
R 4: Order for injunction may be discharged, varied or set aside
Any order for an injunction may be discharged, or varied, or
set aside by the Court, on application made thereto by any party
dissatisfied with such order:
Proviso –I
Provided that if in an application for temporary injunction or in
any affidavit supporting such application, a party has knowingly
made a false or misleading statement in relation to a material
particular and the injunction was granted without giving notice
to the opposite party, the Court shall vacate the injunction
unless, for reasons to be recorded, it considers that it is not
necessary so to do in the interests of justice:
REFER: KENT RO SYSTEM LTD. & ANR. versus GATTUBHAI & ORS.
Delhi HC 2022
[Link]
[Link]
VACATION OF INJUNCTION
R 4: Order for injunction may be discharged, varied or set aside
Any order for an injunction may be discharged, or varied, or
set aside by the Court, on application made thereto by any party
dissatisfied with such order:
Provided that if in an application for temporary injunction or in any
affidavit supporting such application, a party has knowingly made a
false or misleading statement in relation to a material particular and the
injunction was granted without giving notice to the opposite party, the
Court shall vacate the injunction unless, for reasons to be recorded, it
considers that it is not necessary so to do in the interests of justice:
REFER: KENT RO SYSTEM LTD. & ANR. versus GATTUBHAI & ORS.
Delhi HC 2022
[Link]
[Link]
Proviso 2:
Provided further that where an order
for injunction has been passed after
VACATION giving to a party an opportunity of being
heard, the order shall not be discharged,
OF varied or set aside on the application of
that party except where such discharge,
INJUNCTION variation or setting aside has been
necessitated by a change in the
circumstances, or unless the Court is
satisfied that the order has caused
undue hardship to that party.]
INTERLOCUTORY
ORDERS
“interlocutory” means not that decides the cause but
which only settles some intervening matter relating to
the cause. After the suit is instituted by the plaintiff
and before it is finally disposed off, the court may
make interlocutory orders as may appear to the court
to be just and convenient.
orders of a purely interim or temporary nature which
do not decide or touch upon. the important rights or
liabilities of parties.
INTERLOCUTORY ORDERS –ORDER 39
R 6: Power to order interim sale.—The Court may,
on the application of any party to a suit, order the
sale, by any person named in such order, and in such
manner and on such terms as it thinks fit, of any
movable property, being the subject-matter of such
suit, or attached before judgment in such suit, which
is subject to speedy and natural delay, or which for
any other just and sufficient cause, it may be desirable
to have sold at once.
INTERLOCUTORY ORDERS –ORDER 39
R 7: Detention, preservation, inspection, etc., of subject-
matter of suit.—
1) The Court may, on the application of any party to a
suit, and on such terms as it thinks fit,—
(a) make an order for the detention, preservation or inspection
of any property which is the subject-matter of such suit, or as to
which any question may arise therein;
(b) for all or any of the purposes aforesaid authorize any person to
enter upon or into any land or building in the possession of any
other party to such suit; and
(c) for all or any of the purposes aforesaid authorize any samples to
be taken, or any observation to be made or experiment to be tried,
which may seem necessary or expedient for the purpose of
obtaining full information or evidence. (Anton Piller)
INTERLOCUTORY ORDERS –ORDER 39
R 8: Detention, preservation, inspection, etc., of subject-
matter of suit.—
1) The Court may, on the application of any party to a
suit, and on such terms as it thinks fit,—
(a) make an order for the detention, preservation or inspection
of any property which is the subject-matter of such suit, or as to
which any question may arise therein;
(b) for all or any of the purposes aforesaid authorize any person to
enter upon or into any land or building in the possession of any
other party to such suit; and
(c) for all or any of the purposes aforesaid authorize any samples to
be taken, or any observation to be made or experiment to be tried,
which may seem necessary or expedient for the purpose of
obtaining full information or evidence. (Anton Piller)