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Krishnaiah Krishnsiah   10 September 2021

Injuction suit

If a person files an injunction suit and the honourable court grants without notice and that ad interim I Junction shoud be disposed with in 30 days. If the other side requests the court filing his counter and deside the matter based on the exparte injunction order. If the person who got injunction order to drag the matter by filing a petion along with a document can a court can grant the time postpone. When the other side advocate asked the court to dispose injunction petition as the HONORABLE court granted an injunction based on the material. Is it not the duty of the court to dispose the injunction petition with out granting post ponement? Is it justifiable to grant the time when the other side request for disposal?generally who got the ad interim injunction order must be ready if the other side wants to dispose?
Is it fair for the court to give an adjournment?dear experts advice on this
Thanq


 4 Replies

Shashi Dhara   10 September 2021

It is discretionary power of court to grant and extend injuntion as per situation .so try to dispose suit as soon as possible.

Shubham Bhardwaj (Practice)     10 September 2021

Dear Sir, Although the query seems to be ambiguously worded however what I could understand is that an ad interim injunction is granted ex-parte by the court in a case where you are the defendant. You want the injunction to be vacated but the court is not disposing of the injunction application finally. Please understand that when an injunction application is filed, the court has the power to grant ex-parte interim order. The Plaintiff then serves the copy of application and order to the defendant within 24 hours. The defendant, even before filing rely in the main case (suit), can file reply to the injunction application and ask for disposal of the application on the ground of prejudice. It is needless to say that the court will vacate the injunction order only if you/defendant is able to show that injunction order is not in consonance with Order 39 Rule 1&2 or the order is perverse in law. Further, if court is not disposing off the injunction after your reply, then file early hearing application under Section 151 CPC for disposal of injunction application finally. The main suit can continue with its own speed. Regards Shubham Bhardwaj Advocate District & Session Court, Chandigarh Punjab & Haryana High Court, at Chandigarh Disclaimer:- Opinion is only for guidance.

Krishnaiah Krishnsiah   10 September 2021

Dear experts I am for the respondent/ defendant. After receiving the notice on behalf of the respondent ,I filed the counter and written statement requesting the court dispose the ad interim injunction order as the court has given an exparte injunction order basing on the material under order 39r.3A. But again petioner filed a petition to receive some documents in the injunction order for which the court saying that with out the disposing the petition for receiving the documents I can not hear and giving time. But my contention is he got an ad interim injunction order basing on the documents filed for injunction order and got and hence the court has to hear and dispose the injunction petition and the petioner may file any number petitions and they have to consider at the time of trail. If the time given for mot disposing the exparte injunction the petioner may going on filing the petitions to drag the matter. As far as my knowledge is concerned the exparte injunction order must dispose with in a month or at any stage maximum with in 3 months due to the pandemic situation and citations also there but no response. Kindly advice basing on this. Thanq.

Dr J C Vashista (Lawyer)     11 September 2021

Well explained and advised by expert Mr. Shubham Bhardwaj, I concur. Generally courts are reluctant, hesitant and avoid passing ex-parte injunction i.e., without notice and hearing defendant irrespective of the fact time taken in service, appearance and filing its reply. However, if the court has passed such an order it can be vacated by same court based on submissions (oral / written) of defendant.
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