Injunction nature like final relief should not be granted

Civil Law

Injunction nature like final relief should not be granted

Indore Development Authority

Vs.

Mangal Amusement (P) Ltd.

Para 4: Among several contentions on merits, the Authority has also contended that the interim order virtually amounts to allowing the writ petition at the stage of the interim order. We agree with the said contention. If respondents 1 and 2 are permitted to construct the restaurant and banquet hall, etc. in land held by them on license from the Authority, even before the writ petition filed by them is heard and disposed of, it would amount to allowing the writ petition at interim order stage. It will also cause complications if the writ petition is rejected ultimately. The more appropriate course would be to hear the main matter itself expeditiously.

Para 5: Learned counsel for respondents 1 and 2 submitted that the appellant herein was not extending cooperation, for hearing and disposal of the writ petition and that was one of the reasons why the interim order was issued. Learned counsel for the appellant denied the allegation but assured that the appellant will be ready to argue and will extend co-operation for early disposal.

What should be considered while granting Ex parte injunction?

(2005) 5 SCC 61

Bombay Dyeing & Manufacturing Co. Ltd

Vs.

Bombay Environmental Action Group

  • Ex parte injunction can be granted only under exceptional circumstances. The Supreme Court has enumerated the following principles and factors which should be weighed with the court for grant of ex parte injunction—
  • Whether irreparable or serious mischief will ensue to the plaintiff;
  • Whether the refusal of ex parte injunction would involve greater injustice than the grant of it would involve;
  • The court will also consider the time at which the plaintiff first had notice of the act complained of so that the making of improper order against a party in his absence is prevented;
  • The court will consider whether the plaintiff had acquiesced for some time and in such circumstances, it will not grant ex parte injunction;
  • The court would expect a party applying for ex parte injunction to show utmost good faith in making the application;
  • Even if granted, the ex parte injunction would be for a limited period of time;
  • General principles like the prima facie case, the balance of convenience, and irreparable loss would also be considered by the court.

1983 (1) G.L.R. 784

When the caveat has been filed u/s 148 (A) of the Civil Procedure Code, the interim injunction cannot be granted without giving an opportunity of being heard to the caveator.

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