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indianlawlearner   23 September 2023

Is order 39 rule 4 applicable to set aside division bench interim injunction order

Can division bench interim injunction order be set aside under order xxxix rule 4 of cpc 


 2 Replies

T. Kalaiselvan, Advocate (Advocate)     23 September 2023

An application under Order 39 Rule 4 CPC is permissible only if in the application seeking temporary injunction or in the affidavit supporting such application, a party has made false and misleading statement in respect to a material particular and injunction was granted without notice to the opposite party. Where an order of injunction has been passed after giving to a party an opportunity of being heard, said order shall not be discharged, varied or set aside except where such discharge, variations or setting aside has been necessitated by a change in the circumstances or unless the Court is satisfied that the order has caused undue hardship to that party and the same was upheld by High Court of Delhi through the learned bench led by Justice Sanjeev Sachdeva in the case of BANK OF BARODA vs. UNION BANK OF INDIA & ORS. [CM APPL. 4514/2021] on 21.02.2022.


Your question is about the interim stay granted by high court and want to vacate that interim stay?

Stay order means proceedings eclipsed, not extinguished: Karnataka HC. BENGALURU: An interim order of stay only means that proceedings against an accused gets eclipsed and not extinguished, the high court observed in a recent order, while granting partial relief to several persons in a money-laundering case.

Injunction and Stay are two different concepts. Stay refers to stoppage or suspension of judicial proceedings. And injunction refers to order restraining performance of an act or obliging to perform an act.

 the Constitution of India mandates that in the event of granting an interim order by the High Court and an application is filed to vacate the interim order, then the application must be disposed of within a period of two (2) weeks and in the event of failure, on expiry of the period of interim order or as the ..period of interim order or as the case may be the expiry of the said next day, stand vacated.

P. Venu (Advocate)     26 September 2023

What are the facts? What is the context?

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