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Delhi High Court Is Frequently Approached For Urgent Interim Relief
Delhi High Court is frequently approached for urgent interim relief in commercial disputes, property matters, intellectual property cases, contractual breaches, and corporate litigation. One of the most powerful immediate remedies available is a Temporary Injunction.
This guide explains — in simple, practical terms — how to obtain a Temporary Injunction from the Delhi High Court, the legal requirements involved, and the judicial principles you must satisfy.
What Is a Temporary Injunction?
A Temporary Injunction is a court order directing a party to either stop doing something or to do a specific act, pending final disposal of the suit.
It Is:
- A provisional remedy
- Meant to preserve the subject matter
- Granted at an interlocutory stage
- Effective till disposal of the suit or further court orders
Under the Specific Relief Act, 1963 (Section 36), injunctions are of two types:
- Temporary (Interim) Injunction
- Permanent/Perpetual Injunction
A Permanent Injunction is granted through a final decree.
A Temporary Injunction is granted during the pendency of the suit.
Legal Provisions Governing Temporary Injunction
1️⃣ Code Of Civil Procedure, 1908 (CPC)
- Section 94(c) & (e) – Power of court to grant temporary injunction and interlocutory orders.
- Section 95 CPC – Compensation to defendant if injunction was granted without sufficient grounds.
- Order 39 Rules 1–5 CPC – Specific rules relating to temporary injunction.
When Can Delhi High Court Grant Temporary Injunction?
Under Order 39 Rule 1 CPC
The Court may grant injunction when:
- Property in dispute is in danger of being wasted, damaged, alienated.
- Defendant threatens to dispose property to defraud creditors.
- Defendant threatens to dispossess plaintiff.
- Property may be wrongfully sold in execution.
Under Order 39 Rule 2 CPC
Injunction may be granted to restrain:
- Breach of contract
- Any injury to plaintiff
Step-By-Step Procedure To Obtain Temporary Injunction In Delhi High Court
Step 1: Filing Of Suit
You must first file a proper civil suit before the Delhi High Court (original civil jurisdiction matters, typically commercial matters or high-value disputes).
Your suit must clearly establish:
- Legal right
- Cause of action
- Urgency
Step 2: File An Application Under Order 39 Rules 1 & 2 CPC
Along with the plaint, you must file:
- Interim Application (IA) for temporary injunction
- Supporting affidavit
- Documents supporting urgency
- Court fees
- Memo of parties
Step 3: Seek Urgent Listing
If matter is urgent:
- Mention before the Court
- Seek urgent circulation
- Explain how delay will defeat purpose
Under Order 39 Rule 3, notice must be given to opposite party.
However, if delay defeats the purpose, the Court may grant ex-parte injunction.
The Three Essential Conditions (Golden Principles)
The Supreme Court has repeatedly held that a temporary injunction is granted only if three conditions are satisfied.
| Condition | Requirement | Judicial Clarification |
|---|---|---|
| Prima Facie Case | Serious question to be tried | Mere filing of suit is not enough |
| Balance of Convenience | Comparative hardship analysis | Must favour the plaintiff |
| Irreparable Injury | Not compensable by money | Real and imminent injury |
1️⃣ Prima Facie Case
You must show a serious question to be tried.
In Gujarat Bottling Co. Ltd. v. Coca-Cola Co., the Supreme Court laid down guiding principles for temporary injunctions.
Also reaffirmed in Seema Arshad Zaheer v. Municipal Corporation of Greater Mumbai.
The plaintiff must:
- Show existence of legal right
- Demonstrate arguable case
- Not approach with false pleadings
⚠️ Mere filing of suit is not enough.
2️⃣ Balance Of Convenience
The Court weighs comparative hardship:
- Who suffers more if injunction is granted?
- Who suffers more if injunction is refused?
If greater hardship lies with plaintiff, balance tilts in their favour.
As held in Best Sellers Retail India (P) Ltd. v. Aditya Birla Nuvo Ltd., prima facie case alone is insufficient — balance of convenience must also favour the plaintiff.
3️⃣ Irreparable Injury
The injury must be:
- Real
- Imminent
- Not compensable by money
In Dalpat Kumar v. Prahlad Singh, the Supreme Court clarified that irreparable injury means injury that cannot be adequately compensated by damages.
Important Judicial Principles Applied By Delhi High Court
Status Quo Principle
In Shiv Kumar Chadha v. Municipal Corporation of Delhi, the Supreme Court observed that interim injunction aims to maintain status quo.
Clean Hands Doctrine
Temporary injunction is an equitable relief.
If plaintiff suppresses facts, relief can be refused.
Delhi High Court in MS Sancorp Confectionery Pvt. Ltd. v. Gumlink A/S held that interim relief should not amount to granting final relief itself.
Inherent Powers Of Court
Even outside Order 39, the Court has inherent power under Section 151 CPC.
As held in Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hira Lal, civil courts may grant injunction under inherent jurisdiction.
When Delhi High Court May Refuse Temporary Injunction
- Plaintiff approaches with false pleadings
- No prima facie case
- Injury compensable by money
- Suppression of material facts
- Relief amounts to granting final relief
- Balance of convenience not in plaintiff’s favour
- Subsequent necessary parties not impleaded
What Happens After Grant Of Temporary Injunction?
- Defendant can file reply.
- Application can be vacated under Order 39 Rule 4.
- Court may impose security/undertaking.
Violation may lead to:
- Civil prison
- Attachment of property
- Contempt proceedings
Practical Tips For Getting Temporary Injunction In Delhi High Court
- ✔ Draft a strong plaint
- ✔ Clearly show urgency
- ✔ Attach documentary evidence
- ✔ Demonstrate irreparable harm
- ✔ Avoid exaggeration
- ✔ Maintain clean hands
- ✔ Seek immediate mentioning
Conclusion
Getting a Temporary Injunction from the Delhi High Court is not automatic. It is a discretionary, equitable relief granted only when:
- There is a prima facie case
- Balance of convenience favours you
- Irreparable injury is likely
Courts are cautious because interim relief can seriously impact the defendant’s rights. Therefore, precise drafting, documentary support, and legal strategy are crucial.
If properly presented, a Temporary Injunction can protect property, business interests, contractual rights, and legal entitlements until final adjudication.
⚖️ Need Urgent Interim Relief from Court?
If you are facing property disputes, contract breaches, business conflicts, trademark violations, or threats of dispossession, do not wait until the damage is done.
Adv. Tapan Choudhury, with over 25 years of litigation experience, provides strategic representation before the Delhi High Court and other courts across India, including urgent applications for Temporary Injunctions, Stay Orders, and Interim Reliefs.
When your legal rights are at risk, immediate legal action can make all the difference.
📞 Contact Now for Immediate Legal Assistance:
Adv. Tapan Choudhury
📱 Phone: 9650499965
📧 Email: [email protected]
Protect your rights before it is too late. Early legal intervention can prevent irreversible loss.
