Legal Principles of Injunction

*Legal Principles of Injunction*

In the case of *Ramakant Ambalal Choksi v. Harish Ambalal Choksi [2024] GCtR 3057 (SC)*,  Supreme Court had set aside the decision of High Court ; High Court in that case had found that the injunction was not to be granted. High Court had "accepted the entire defence put forward by the defendants as the gospel truth, without assigning any cogent reasons for not accepting the prima facie case put up by the plaintiffs." Noting the aspects like "cascading effect, interest of justice, prolonging of litigation" and granting injunction till the final disposal of suit, it was held by Supreme Court that "Rule 1 of Order 39 of the Code of Civil Procedure, 1908 clearly provides for interim injunction restraining the alienation or sale of the suit property". "The burden is on the plaintiff, by evidence aliunde by affidavit or otherwise, to prove that there is “a prima facie case” in his favour which needs adjudication at the trial. Prima facie case is not to be confused with prima facie title which has to be established on evidence at the trial. Irreparable injury, however, does not mean that there must be no physical possibility of repairing the injury, but means only that the injury must be a material one, namely one that cannot be adequately compensated by way of damages. The Court while granting or refusing to grant injunction should exercise sound judicial discretion to find the amount of substantial mischief or injury which is likely to be caused to the parties, if the injunction is refused and compare it with that which is likely to be caused to the other side if the injunction is granted. If on weighing competing possibilities or probabilities of likelihood of injury and if the Court considers that pending the suit, the subject matter should be maintained in status quo, an injunction would be issued. Thus, the Court has to exercise its sound judicial discretion in granting or refusing the relief of ad interim injunction pending the suit."

One can see that Order 39 Rule 1 of Code of Civil Procedure, 1908 deals with "temporary injunctions". Order 39 Rule 2 states how defendant can be prevented from committing breach of contract. Order 39 Rule 2A provides for consequences ; one consequence is detention in civil prison for 3 months and other consequence is attachment of property.  Order 39 Rule 3 permits granting injunctions even without notice to opposite party. Order 39 Rule 5 deals with the injunctions against the corporations. Order 39 Rule 10 grants power to Court to issue direction to deposit money or to deliver such money to the party, even without security.