An application for interim injunction[CD1]
HIGHLIGHTS
The
provision is under Order XXXIX, Rule 1 of the Civil Procedure Code. The meaning of the word interim is in
the meanwhile, and an injunction means a written order from the court of law,
demanding that something shall be or shall
not be done.
The relevant provisions are as follows:
TEMPORARY INJUNCTIONS
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, 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.
2. Injunction to restrain
repetition or continuance of breach -
(1) In
any suit for possession 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 of a like
kind arising out of the
same contract or relating to the property or right.
(2) 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.
(2-A) Consequence of disobedience or breach
of injunction -
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.
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 maybe 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.
(3)Before granting injunction, the Court to
direct notice to the 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:
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 injunction is granted or on the day immediately following that day, an affidavit
stating that the copies aforesaid have been
so delivered or sent.
(3-A) Court to dispose of application for
injunction within thirty days -
Where
an injunction has been granted without giving notice to the opposite party, the Court shall make an
endeavour 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.
(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 interest 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.
(5) Injunction to
corporation binding on its officers - 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.
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