Grant or refusal of an injunction

Grant or refusal of an injunction

Para 86: Grant or refusal of an injunction in a civil suit is the most important stage in the civil trial. Due care, caution, diligence and attention must be bestowed by the judicial officers and judges while granting or refusing injunction. In most cases, the fate of the case is decided by grant or refusal of an injunction. Experience has shown that once an injunction is granted, getting it vacated would become a nightmare for the defendant. In order to grant or refuse injunction, the judicial officer or the judge must carefully examine the entire pleadings and documents with utmost care and seriousness.

Para 87: The safe and better course is to give short notice on injunction application and pass an appropriate order after hearing both the sides. In case of grave urgency, if it becomes imperative to grant an ex-parte ad interim injunction, it should be granted for a specified period, such as, for two weeks. In those cases, the plaintiff will have no inherent interest in delaying disposal of injunction application after obtaining an ex-parte ad interim injunction. The court, in order to avoid abuse of the process of law may also record in the injunction order that if the suit is eventually dismissed, the plaintiff undertakes to pay restitution, actual or realistic costs. While passing the order, the Court must take into consideration the pragmatic realities and pass proper order for menses profits. The court must take serious Endeavour to ensure that even-handed justice is given to both the parties.

Para 88: Ordinarily, three main principles govern the grant or refusal of injunction.

  1. Prima facie case;
  2. Balance of convenience; and
  3. Irreparable injury, which guide the court in this regard.

Para 89: In the broad category of prima facie case, it is imperative for the court to carefully analyse the pleadings and the documents on record and only on that basis the court must be governed by the prima facie case. In grant and refusal of injunction, pleadings and documents play vital role.

Para 91: The court while granting injunction should broadly take into consideration the prevailing market rental in the locality for similar premises. Based on that, the court should fix ad-hoc amount which the person continuing in possession must pay and on such payment, the plaintiff may withdraw after furnishing an undertaking and also making it clear that should the court pass any order for reimbursement, it will be a charge upon the property.

 

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