• Injunction & Stay- Points To Remember

  • Points To Remember

    • Grant of an injunction is an equitable relief and before a party claims an equitable relief, he must show not only to the court that he has come to the court with clean hands but also that there has to be a complete disclosure of facts in the plaint.
    • Interim orders are in aid of the final relief and when the question of granting a final relief does not arise owing to any reason what so ever, no question of granting interim relief- Noted Cases On this Point- Bharat Petroleum Corporation Limited Vs. Shri Hari Chand Sachdeva, AIR 2001 Delhi 307, Punjab & Sind Bank and/or Ashoka Builders & Promoters, Basket Ball Federation of India Vs. N.S. Ziauddeen, Tamil Nadu Basketball Association, MANU/TN/0263/2013, Balakrishnan Nair v. Mohammed Kunju, MANU/KE/0127/1963, Kerala in Varghese Vs. Fast Line Builders and Developers Kerala Pvt., MANU/KE/1232/2013, K.P.M. Aboobucker Vs. K. Kunhamoo, AIR 1958 Madras 287, Shahbuddin Ismailbhai Ghaswala Vs. Keshavlal Lallubhai Tandel, MANU/GJ/0250/1985, L.D. Meston School Society Vs. Kashi Nath Misra, AIR 1951 Allahabad 558, Unnamalai Achi v. Umayal Achi, MANU/TN/0569/1967 & Tanusree Basu Vs. Ishani Prasad Basu, (2008) 4 SCC 791.
    • Section 151 of the Code of Civil Procedure, 1908, enables the Court to make such orders as may be necessary for the ends of justice or to prevent the abuse of the process of the Court.
    • Injunctions Order can be granted in exercise of inherent powers of the Court under Section 151 CPC. 
    • Relief of injunction, as is well known, is a relief in personam.
    • interim orders do not create vested rights as they are passed in the facts of a particular case- J.B. Chaudhry v. Indian Overseas Bank, W.P. (C) No. 7866/2012(22/08/2013), 2013(203) DLT 23: 2014(1) AD(Delhi) 720: 2014(1) SLR 469 [Valmiki J. Mehta, J.]
    • In addition to fulfilment of the Triple Test, the Courts are also required to keep in mind the public interest before granting an injunction- Patel Energy Ltd. v. Union of India & Anr., LPA No. 718/2012.
    • Mere filing of suit does not amount to an entitlement to get interim injunction unless the triple test of prima facie case, balance of convenience and irreparable loss and injury is established- Baldev Raj v. Man Mohan, 92 (2001) DLT 274 (DB)- Sahib Singh v. Arvinder Kaur[DB], FAO (OS) Nos. 444-445/2012(24/01/2013), 2013(2) AD(Delhi) 318: 2013(134) DRJ 445 [Sanjay Kishan Kaul, J.: Vipin Sanghi, J.]

    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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