Basic principle for grant of temporary injunction
Law of injunction is well settled that granting or refusing to grant temporary injunction is governed by three well established principles, facie case; (b) whether balance of convenience is in their favour; and (c) whether petitioners will suffer irreparable injury, if the temporary injunction is not granted. The party who seeks aid of injunction must show that the act complained is in violation of his right and whether there is fair and substantial question to be decided by the parties and there is bonafide contention between the parties. If such contentions are available, then relief needs to be granted. It is then duty of the courts to consider the material placed before granting or refusing to grant injunction and consider the documents, if any, before an order of interim relief can be passed. The prima facie case does not mean a case to succeed but a case which fairly need an enquiry. At the same time while granting interim relief the Court has also to take into account whether the interim relief is claimed in the aid of final relief so as to maintain status quo ante or to preserve status of parties.
Bombay High Court
Jagdish Chander Sachdeva vs Royal Bombay Yacht Club And Ors. on 24 September, 2004
Equivalent citations: 2005 (1) BomCR 29, 2005 (1) MhLj 987
https://www.lawweb.in/2013/10/basic-principle-for-grant-of-temporary.html
