Interim or temporary Injunction
Relief of Injunction is based on the principles of equity. Granting the relief of injunction is the discretionary power of the court, however the discretionary power has to be exercised reasonably and with due care and caution. Injunction orders are passed to protect the interest of the parties to the suit, either plaintiff or the defendant. If an injunction order is passed against a party to the suit then he or she is restraining from doing a particular act. Injunction can be permanent, mandatory or temporary.
In this article we are discussing the small aspect of “temporary or interim injunction” and its validity.
Interim or temporary injunction (as it is also known as) is granted to a party to the suit who prima facie satisfies the court that a huge or irreparable loss, damage or injury will be caused to him if interim (immediate) injunction is not granted in his favour.
Before granting this relief court generally sees whether the person seeking it has been able to prima facie establish the fact that he or she is actually aggrieved and loss or injury will be caused to him if interim injunction is not granted.The relief of injunction can be granted only during the pendency of the suit at any stage i.e. at any time before the judgment is passed. If the suit is dismissed for any reason then the order of temporary injunction is also automatically vacated.
Once the order of interim injunction is passed, it is valid till the time it is vacated. Even if a court passes an order of interim injunction for a limited period or till a particular date and the same is not extended on next date, then it cannot be said that the order of interim injunction is vacated. The same was also held by the Hon’ble Supreme Court in case titled as Ashok Kumar & Ors vs State Of Haryana & Anr having S.L.P. (Civil) Nos. 233-234 of 2005] Dated 23/01/2007.