Anand Bala (Project management expert) 20 February 2020

Continuance of breach or disobedience to restraining order

For the first breach of an injunction an execution petition was filed u see order 21 rule 32. For the second breach supplementary proceedings was filed under section 94 For the third breach petition was filed order 39 Rule 2 & 2a with an out of order but the judge refuse to accept the petition on the ground that supplementary proceedings are already underway. Any suggestion

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4 Replies

Real Soul.... (LEGAL) 20 February 2020

Just proceed with main Execution petition,

Anand Bala (Project management expert) 20 February 2020

Many thanks. There is no provision in EP for the court to pass interim order restraining respondents not to continue the breach as in the case of section 94 & order 39 rule 2A

Real Soul.... (LEGAL) 20 February 2020

You can file application ,there is no bar but the court should allow it; if you feel aggrieved you can file Revision in High Court against the dismissal of application but that would take too much time >it is better you press your lawyer to get some relief under main patition or already filed Sec-94