Granting of perpetual Injunctions is regulated by the Specific Relief Act, while temporary or, as they are sometimes called, interlocutory Injunctions, which are simply intended to preserve the status quo pending the decision, and which may be granted at any period of a suit, are treated as of the nature of procedure and are therefore regulated by the Code.
One purpose of the enforcement of the laws is to maintain peace and order in society. The disputes relating to property should be settled in a civilized manner by having recourse to law and not by taking the law in own hands by members of society. It is well-settled that a decision by a Criminal Court does not bind the Civil Court while a decision by the Civil Court binds the Criminal Court. In Bhinka & Ors. V. Charan Singh, (AIR 1959 SC 960), this Court held that the Magistrate does not purport to decide a party’s title or right to possession of the land but expressly reserves that question to be decided in due course of law.
The Object of the Interlocutory Injunction
In Gujarat Bottling Co. Ltd. V. Coca Cola Company and Others, (1995(5) SCC 545), the Hon‟ble Supreme Court, inter alia, observed as under – “The object of the interlocutory injunction is to protect the plaintiff against injury by violation of his right for which he could not be adequately compensated in damages recoverable in the action if the uncertainty were resolved in his favour at the trial. The need for such protection has, however, to be weighed against the corresponding need of the defendant to be protected against injury resulting from his having been prevented from exercising his own legal rights for which he could not be adequately compensated. The court must weigh one need against another and determine where the balance of convenience‟ lies.”
What Does Discretion Mean?
Discretion is best exercised when it is in conformity with the spirit of law with a view to subserve and not impede or defeat the ends of substantial justice. Its exercise is permissible where in doubtful cases an impartial mind hesitates. Discretion is exercisable within well-known confines, which exclude its exercise ex gratia. The guiding principles as to the exercise of discretionary power, summarised by Maxwell, are in point –” ‘According to his discretion’ means it is said, according to the rules of reason and justice, not private opinion (Rook’s Case, 5 Rep. 100a; Keighleys case, 10 Rep. 140b; Eastwick V. City of London, Style, 42, (43), per Willes J., Lee V. Bude and Torrington Junction Rly. Co., (1871) LR 6 CP 576, according to law and not humour, it is to be not arbitrary, vague, and fanciful, but legal and regular (per Lord Mansfield R. v. Wilkes, (1770) 4 Burr 2527; to be exercised not capriciously, but on judicial grounds and for substantial reasons (per Jessel, M. R., Re, Taylor, (1877), 4 Ch. D. 157 (160); and per Lord Blackburn, Dohetry V. Allman, (1878) 3 A. C. 709 (728). And it must be exercised within the limits to which an honest man competent to the discharge of his office ought to confine himself (per Lord Kenyon, Wilson v. Restall, (1792) 4 T. R. 753 (757);. that is within the limits and for the objects intended by the legislature”. (Maxwell, 9th Ed. 129-133).’(Union Of India (UoI) vs Bakhshi Amrik Singh: AIR 1963 P H 104). It will thus be seen that though the granting or withholding of injunctive relief is within the discretion of the Court to whom an application has been made, but this power is not unlimited and cannot be equated with the whimsical will of the Court depending upon the temperament or mood of the presiding officer. It is based on sound judgment guided by law. The Courts are not given, a handle to misapply law or to twist facts in seeming exercise of the discretionary power. In Shiv Kumar v. MCD, the Apex Court observed thus: It has been pointed out repeatedly that a party is not entitled to an order of injunction as a matter of right or course. Grant of injunction is within the discretion of the court and such discretion is to be exercised in favor of the plaintiff only if it is proved of the satisfaction of the court that unless the defendant is restrained by an order of injunction, an irreparable loss or damage will be caused to the plaintiff during the pendency of the suit. The purpose of temporary injunction is, thus, to maintain the status quo.
The Principle Governing Grant Of AD Interim Injunction
Grant of an interim relief in regard to the nature and extent thereof depends upon the facts and circumstances of each case as no strait-jacket formula can be laid down. There may be a situation wherein the defendant/respondent may use the suit property in such a manner that the situation becomes irretrievable. In such a fact situation, interim relief should be granted (vide M. Gurudas & Ors. V. Rasaranjan & Ors. AIR 2006 SC 3275; and Shridevi & Anr. v. Muralidhar & Anr. (2007) 14 SCC 721.
In Damodar Valley Corporation vs Haripada Das And Ors. (AIR 1978 Cal 489, 82 CWN 1093, 1979 (39) FLR 180) held that The principle governing grant of ad interim injunction appears to be as follows :– (i) It is not necessary for grant of ad interim injunction on a balance of convenience that the plaintiff should succeed in establishing a prima facie case or a probability that he would be successful at the trial of the action. (ii) It is also no part of court’s function at that stage of the litigation to resolve conflicts on evidence on affidavits as to facts on which the claims of either party may ultimately depend nor to decide difficult question of law which call for detailed argument and mature consideration which is reserved for the trial. All that is necessary at that stage on the evidence on affidavits is that the court should be satisfied that the claim is not frivolous or vexatious, in other words there is a serious question to be tried. (iii) On such satisfaction, the court will consider whether the plaintiff, if he succeeds, would be adequately compensated by an award of damages for the loss if the defendant continued to do what was sought to be injuncted. If damages recoverable in law is an adequate remedy and the defendant is in a financial position to pay them, no interlocutory order should be normally granted, however strong the plaintiff’s claim appears to be at that stage. (iv) If damages are not an adequate remedy to the plaintiff in event of his success at the trial the court will consider if the defendant would be adequately compensated if he succeeds in his case, by reason of the plaintiff’s undertaking for damages for the loss caused by reason of the injunction. If such damages are adequate remedy and the plaintiff is in a financial position to pay them, an interlocutory injunction should not be refused.
In Deoraj vs. State of Maharashtra & Ors. AIR 2004 SC 1975, the Apex Court considered a case where the courts below had refused the grant of interim relief. While dealing with the appeal, the Court observed that ordinarily in exercise of its jurisdiction under Art.136 of the Constitution, this Court does not interfere with the orders of interim nature passed by the High Court. However, this rule of discretion followed in practice is by way of just self-imposed restriction. An irreparable injury which forcibly tilts the balance in favour of the applicant, may persuade the Court even to grant an interim relief though it may amount to granting the final relief itself. The Court held as under:- “The Court would grant such an interim relief only if satisfied that withholding of it would prick the conscience of the court and do violence to the sense of justice, resulting in injustice being perpetuated throughout the hearing, and at the end the court would not be able to vindicate the cause of justice.”
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