• Injunction & Stay: Entitlement Of Relief

  • Entitlement of the relief of temporary injunction

    Where in any Suit, it is successfully demonstrated by the Plaintiff to the Court of law

    1. 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
    2. that the defendant threatens, or intends, to remove or dispose of his property with a view to defrauding his creditors,
    3. 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 by 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.

    Injunction to restrain repetition or continuance of breach

    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 of, or any breach of contract or injury of a like kind arising out of the same contract or relating to the same property or right.

    The court may by Order grant such injunction, on such terms, as to the duration of the injunction, keeping an account, giving security, or otherwise, as the court thinks fit.

    Consequence of disobedience or breach of injunction

    In the case of disobedience of any injunction Order or breach of any of the terms on which the injunction Order was granted, the court granting the injunction or making the order, may Order the property of the person guilty of such disobedience or breach to be attached, and may also Order such person to be detained in the civil prison for a term not exceeding three months, unless in the meantime the court directs his release.

    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.

    What Reliefs-In-General are prayed for by the Parties/ granted by the Court

    • Interim order directing the parties to maintain status quo with respect to title and possession of the suit properties.
    • In Cases of non-compliance of family arrangement- parties are directed to adhere to MoU till final determination on merits- Noted Case- Kale and Ors. Vs. Dy. Director of Consolidation and Ors., (1976) 3 SCC 119.

    Quia timet injunction

    When there is an apprehension of irreparable and serious injury to one’s legal rights, an injunction against the apprehended legal wrong is known as `quia timet' injunction, the purpose of which is to prevent an apprehended legal wrong. The power to grant such an injunction can be exercised only in a case where the party approaching the Court strongly makes out a case for the grant of an injunction to prevent irreparable and serious injury to his rights.

    Judgments on Quia timet injunction are as follows:

    • Hari Shankar Vs Kailash Narayan and Others, AIR 1982 M.P. 47
    • K.V. Ramaniah Vs Special Public Prosecutor, AIR 1961 Andhra Pradesh 190
    • Shilpa S. Shetty Vs. Magna Publications Co. Ltd. and others, AIR 2001 BOMBAY 176
    • Cadbury (India) Ltd V. Dr. M.C. Saxena, 83(2000) DLT 592
    • Bata India Ltd. v. A.M. Turaz, IA No. 18245/2012 in CS (OS) No. 3010/2012(15/10/2012), 2013(4) R.A.J. 70: 2013(53) PTC 536 [Kailash Gambhir, J.]

     Related Provisions of Law:

    Order-XXXIX, Rule-1 & 2 & Section-151 of the Code of Civil Procedure, 1908.

    The captioned subject is complex by its very nature. We, therefore, always encourage our visitors & Clients to seek an independent legal advice by our empanelled lawyers. In such Cases, our lawyers devise most appropriate legal recourse for our Clients after examining the related provisions of law, i.e  The Code of Civil Procedure, 1908, The Limitation Act, 1963, The Evidence Act, 1872, Other relevant Acts & Judgments and Citations of the Hon’ble Supreme Court Of India and the High Courts. Even otherwise, the question as to how to apply the laws, judgments and citations is rather more complex, as it involves a thorough examination of substantial laws, procedural laws and Court precedents in a given set of facts and circumstances. 

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