temporary injunctions

KANDE VENKATESH GUPTA (Querist) 12 August 2008 This query is : Resolved
In a suit filed by the plaintiff, Whether the court can grant injunction against the plaintiff and in favour of the defendant? If so, under what provision? Please help me

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Srinivas.B.S.S.T (Expert) 12 August 2008
Sir in Or 39 Rl 1 (a) it was mentioned "that any property in dispute in a suit is in danger of being wasted, damaged or alienated by ANY PARTY to the suit , or wrongfully sold in execution of a decree". Hence if the Defendant can prove that the Plaintiff filed the suit with an intention to tresspass into the property or to aleinate the same in the guise of Injunction orders the defendant can seek injunction against the Plaintiff. Correct me if I am wrong. Regards. Srinivas BSST

Guest (Expert) 13 August 2008
Did you file a suit for permanent injunction alone or what. And when you asked for PI did you make an application for ad interim TI.

In most of suits for PI, the plaintiff will also seek TI.

If Apllication for TI is rejected, it is not te same as injunction in favour of defendant. Defendant has to make an independent application for the grant of it.

arunprakaash.m. (Expert) 13 August 2008
It depends upon the balance of convienence.

KamalNayanSaxena (Expert) 13 August 2008
The considerations which ought to weigh with the Court hearing the application or petition for the grant of injunctions are as below :-
(i) Extent of damages being an adequate remedy;
(ii) Protect the plaintiff's interest for violation of his rights though however having regard to the injury that may be suffered by the defendants by reason therefor;
(iii) The Court while dealing with the matter ought not to ignore the factum of strength of one party's case being stronger than the others;
(iv) No fixed rules or notions ought to be had in the matter of grant of injunction but on the facts and circumstances of each case - the relief being kept flexible;
(v) The issue is to be looked from the point of view as to whether on refusal of the injunction the plaintiff would suffer irreparable loss and injury keeping in view the strength of the parties' case;
(vi) Balance of convenience or inconvenience ought to be considered as an important requirement even if there is a serious question or prima faciecase in support of the grant;
(vii) Whether the grant or refusal of injunction will adversely affect the interest of general public which can or cannot be compensated otherwise.

So, with the above consideration a court can not grant temp. injunction against plaintiff untill seperate application for TI is not being filed by defendent.

Srinivas.B.S.S.T (Expert) 16 August 2008
ye ofcourse a separate application can be filed under Or 39 Rl 1 as i said earlier.

SANJAY DIXIT (Expert) 30 August 2008
Defendent has to make a seperate application for the relief sought.

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