Q. What are the principles to be followed for grant of interim injunction?

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It is well-settled principle law that interim relief can always be granted in the aid of and as ancillary to the main relief available to the party on final determination of his rights in a suit or any other proceeding. Therefore, a court undoubtedly possesses the power to grant interim relief during the pendency of the suit. Temporary injunctions are thus injunctions issued during the pendency of proceedings.

An injunction is a judicial proceeding whereby a party is required to do, or to refrain from doing, any particular act. It is a remedy in the form of an order of the Court addressed to the particular person that either prohibits him from doing or continuing to do a particular act (prohibitory injunction); or orders him to carry out a certain act (mandatory injunction).

In Food Corporation of India v. Sukha Deo Prasad, MANU/SC/0444/2009 : AIR 2009 SC 2330, the landlord obtained loan from Bank for purpose of constructing godowns for the appellant-tenant. On default by landlord, the Bank filed a suit for recovery of loan with interest. The Bank filed application for direction to tenant to deposit arrears of rent and to continue to deposit rents in court and in default to pay interest. Said application would not fall under rules 1 and 2 of Order XXXIX. Therefore, it is held that the interim direction to tenant to deposit arrears of rent in court and to continue to deposit rents in court with condition that in default tenant would have to pay interest is not an injunction. A direction to pay money either by way of final or interim order is not considered to be an injunction.

Injunctions are of two kinds.–

(i) Temporary and 

(ii) Permanent. 

A permanent injunction restrains a party forever from doing the specified act and can be granted only on merits at conclusion of the trial after hearing both the parties to the suit. It is governed by sections 30 to 42 of the Specific Relief Act, 1963.

On the other hand, a temporary or interim injunction is that which, restrains a party temporarily from doing the specified act and can be granted only until the disposal of the suit or until the further orders of the Court. It is regulated by the provisions of Order XXXIX of the Code of Civil Procedure, 1908 and may be granted at any stage of the suit.

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