In general, the court has ample authority to issue a temporary restraining
order while the case is pending. An injunction is a court order that either
prohibits or compel a party to a lawsuit from doing anything or to do something
as the case may be. It also refers to a prohibition, restriction, an embargo, a
ban, or a constraint.
The purpose of injunction is of two-fold. One, to safeguard the
property which is in question till the rights of the parties to the suit are
finally decided with respect to that particular property. Two, to preserve the
status quo at the point of filing a lawsuit in relation to the property which is
in question in order to prevent it from any displacement until the case is
Kinds of Injunction:
There are four Kinds of injunctions i.e., Permanent,
temporary, prohibitory and mandatory injunctions respectively.
- Firstly, Permanent injunction, it has an eternal influence and has
permanent nature. It prevents a party from undertaking the specified act
permanently and should only be issued on the merit there at the end of the
case after both the parties to the case have been heard. S. 38 to S. 42 of
the SPECIFIC RELIEF ACT, 1963, regulates it.
- Secondly, temporary injunction, it is issued for a limited time and is
in effect until further notice. It compels one of the parties to the lawsuit
to refrain from performing a specific act. It is in place till further
restraining orders are issued. If this injunction order is not lifted later,
it only lasts until the case is resolved.
- Thirdly, Prohibitory injunction, the court issues an injunction
prohibiting a party to the lawsuit from performing a specific act. It is
also known as preventive/restrictive injunction. It can have either
temporary or permanent nature.
- Lastly, Mandatory injunction, it is an compelling order given by the
court to carry out a specific act.
Any party to the suit can make an application for the
grant of injunction. Again, the injunction can be issued to any of the parties
to the suit.
There are cases in which the temporary injunction be granted.
- Firstly, when any disputed property seems to be in a threat of being
squandered, damaged, appropriated by a party to the suit, or sold
erroneously while executing a decree.
- Secondly, when the defendant threatens to displace the plaintiff or
otherwise harm the plaintiff in connection with any disputed property
that is attached in the lawsuit.
- Thirdly, when the defendant threatens or intends to deceive his
creditors by removing or disposing away his property.
- Fourthly, when a defendant is ready to breach a contract or any
other type of injury.
- Fifthly, when the court believes that it is in the best interest of
justice to do so.
The court should always keep in view the three factors before
granting an injunction order, i.e., prima facie case, irreparable injury and
balance of convenience respectively. The court's authority to grant an
injunction order must be utilized sensibly, judiciously, and on strong legal
The procedure for grant of injunction was given under Rule 3, 3A, 4 and 5 which
is briefly explained below:
- According to rule 3, Before issuing an injunction, the court must notify
the opposing parties. However, if the court believes that the purpose of the
injunction will be undermined, the court may award the injunction without
providing notice to the opposing party. Ex-parte injunction is the term for this
form of injunction. The applicant must send the application copy, corroborating
affidavit, plaint, and related documents to the court, which will note all the
relevant reasons for granting such exparte injunction.
- According to rule 3A, the application when filed for an injunction, will
be resolved in 30 days.
- As per rule 4, A party who is unsatisfied with an injunction order may
file an application with the court. However, if the applicant is heard prior
to the injunction being granted, the court will not discharge, vary, or set
aside the injunction order. However, if the court determines that there has
been a change of circumstances or that the injunction order has incurred the
applicant extreme hardship, the judge may discharge, vary, or set aside the
injunction order. If it is discovered that the applicant submitted an
inaccurate or deceptive declaration in his application for a temporary
restraining order, the application will be dismissed. If the court believes
the ex-parte injunction is
in the best interests of justice, it cannot be overturned.
- As per rule 5, the corporation, as well as all of its executives and
members, are bound by any injunction issued against a corporation.
Section 95 talks about the compensation for obtaining injunction on insufficient
grounds. The defendant may seek compensation from the court for any harm he has
suffered as a result of the interim injunction being granted on insufficient
grounds. If the court finds that an arrest attachment or injunction order was
sought on inadequate basis, or if the plaintiff's suit screws up and the court
finds that there was no legal or equitable rationale for initiating the suit,
the court may, on the defendant's application, award against the plaintiff a sum
not exceeding RS.
50,000/-, provided the sum is still within the court's pecuniary jurisdiction.
If compensation is given under this section, the defendant is barred from
pursuing any additional compensation w.r.t such injunction.