LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

namangandhi   12 June 2025

Temporary injunction

In a suit for permanent injunction and damages for mental agony it is mandatory to also temporary injunction under Order 39 rule 1&2 CPC. If incase we donot seek temporary injunction will it impact the claim for damages for mental agony. Pls suggest
thanks in advance



 5 Replies

R.K Nanda (Advocate)     12 June 2025

What is the cause of mental agony?

1 Like

Dr. J C Vashista (Advocate )     12 June 2025

No, it will not affect your relief even if you did not seek ad-interim injunction.

However, the answer to your query is in general but not specific to the circumstances of the case, which has not been posted. 

1 Like

namangandhi   12 June 2025

Fact of the case is that plaintiff kyc records has been fetched by the defendant company without seeking plaintiff's consent for which suit has been filed for permanent injunction and mental agony.

Understand that in these circumstances also not seeking temporary injunction would not impact the claim for mental agony.

Advocate Bhartesh goyal (advocate)     12 June 2025

No, if you do not prey for temporary injunction, it will make any effect or not depends on facts of  your case but when permanent injunction is sought it is presumed that any harm or injury islikely to be cause  should also be prevent temporarily till the decision of suit.

T. Kalaiselvan, Advocate (Advocate)     12 June 2025

In a suit for permanent injunction it may not be mandatory to seek for temporary injunction on the same lines if the plaintiff is not interested or not having any strong or sufficient grounds to seek temporary injunciton.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register