TEMPORARY INJUNCTION AND
INTERLOCUTORY ORDER
Meaning & Purpose
A temporary injunction is a court order prohibiting an
action by a party to a lawsuit until there has been a trial
or other court action.
The purpose of a temporary injunction is to maintain the
status quo and prevent irreparable damage or preserve
the subject matter of the litigation until the trial is over.
It is a provisional remedy granted to temporarily curb
activity until the court can make a final decision after
trial. It is usually necessary to prove the high likelihood of
success upon the merits of one's case and a likelihood of
irreparable harm occurring without the granting of a
temporary injunction.
CASES IN WHICH TEMPORARY
INJUNCTIONS MAY BE GRANTED
Rule 1: 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 properly 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 dispossession 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 tile
disposal of the suit or until further orders.
In the case of municipal corp of delhi v suresh chandra, AIR 1976
SC 2621
It was held that interim injunction is available to plaintiff on only on
satisfying the condition if there exists a prima facie case for the
grant of interim injunction
In the case of kishor singh ratan singh jadega V maruti
corporation (2009) 11 scc 229 (238), it was held that:
While passing an interim order of injunction, these three principles
must be satisfied :
1. prima facie case
2. balance of inconvenience (The question is to balance the relief given
to the plaintiff against the injury that will be done to the defendant)
3. irreparable loss or injury.
Injunction to restrain repetition or
continuance of breach
Rule 2: 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 judgement, 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 cut of the same contract or relating to the same
property or right.
(2) The Court may be order grant such injunction, on such terms as
to the of the durations injunction, keeping an account, giving
security, or otherwise, as the Court thinks fit.
Consequence of disobedience or
breach of injunction
Rule 2A: (1) 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 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.
(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.
Before granting injunction, Court to
direct notice to opposite party
Rule 3: 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 give 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.
Court to dispose of application for
injunction within thirty days
Rule 3A: Where an injunction has been granted
without giving notice to the opposite party, the
Court shall make an endeavor to finally dispose of
the application within thirty days 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.
Order for injunction may be
discharged, varied or set aside
Rule 4: Any order for an injunction may be discharged, or varied, or set aside by
the Court, on an application 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 his 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 :
Provided further that where an order for injunction has been passed after giving to
a party an opportunity of being heard, the order shall not be discharged, varied or
set aside on the application of that party except where such discharge, 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.
Injunction to corporation binding on its
officer
Rule 5: An injunction directed to a
corporation is binding not only on the
corporation itself, but also on all members
and officers of the corporation whose
personal action it seeks to restrain.
Power to order interim sale
RULE 6: The Court may, on the applicator of any
party to a suit, order the sale, by a 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
judgement in such suit which is subject to speedy
and natural decay, or for any other just and
sufficient cause it may be desirable to have sold. at
once.
Detention preservation, inspection,
etc., of subject-matter of suit
RULE 7: (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 authorise 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.
(2) The provisions as to execution of process shall apply, mutatis mutandis , to
persons authorized to enter under this: rule.
Application for such orders to be after
notice
R(8) : (1) An application by the plaintiff for an order under
rule 6 or rule 7 may be made at any time after institution of
the suit.
(2) An application by the defendant for a like order may be
made at any time after appearance.
(3) Before making an order under rule 6 or rule 7 on an
application made for the purpose, the Court shall, except
where it appears that the object of making such order would
he defeated by the delay, direct notice thereof to be given to
the opposite party.]
When party may be put in immediate
possession of land the subject-matter of
suit
R(9): Where land paying revenue to Government, or a tenure liable to sale, is
the subject-matter of a suit, if the party in possession of such land or tenure
neglects to pay the Government revenue, or the rent due to the proprietor
of the tenure, as the case may be, and such land or tenure is consequently
ordered to be sold, any other party to the suit claiming to have an interest in
such land or tenure may, upon payment of the revenue or rent due
previously to the sale (and with or without security at the discretion of the
Court), be put in immediate possession of the land or tenure;
and the Court in its decree may award against the defaulter the amount. so
paid, with interest thereon at such rate as the Court thinks fit, or may charge
the amount so paid, with interest thereon at such rate as the Court orders, in
any adjustment of accounts which may be directed in the decree passed in
the suit.
Deposit of money, etc. in Court
R(10): Where the subject-matter of a suit is money
or some other thing capable of delivery and any
party thereto admits that he holds such money or
other thing as a trustee for another party, or that it
belongs or is due to another party, the Court may
order the same to be deposited in Court or delivered
to such last-named party, with or without security,
subject to the further direction of the Court.
