Revision
dev kapoor
(Querist) 31 January 2012
This query is : Resolved
My application for temporary injunction has been inappropriately dismissed & appeal also failed.I am 100% sure my case is fool proof but some mischief has been played by "som1" somewhere !
What is the remedy now available ? Revision or Writ Petition ? Kindly cite the latest law....judgment of SC of 2011 !
Raj Kumar Makkad
(Expert) 01 February 2012
Temporary injunction is a discretionary power of courts which is decided on the co-existence of 3 ingredients viz. prima-facie case, balance of convenience and irreparable loss.
As you initial application and its appeal both could not succeed so you have no option but to move before High Court under CMA.
citation depends upon facts of your case. There are thousands of citations of SC on injunction but which is relevant in your matter, shall be opted by your lawyer.