Apex Law Journal
Apex Law Journal
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Ad Interim Ex-Parte Injunction

Tuesday, July 12, 2011
Ad Interim Ex-Parte Injunction

Ad Interim Ex-Parte Injunction — It is a matter of common experience that once an ad interim injunction is granted, the plaintiff or the petitioner would make all efforts to ensure that injunction continues indefinitely — Held, in order to curb this usual tendency of unnecessarily prolonging the matters by the plaintiffs or the petitioners after obtaining ex-parte injunction orders or stay orders, the other appropriate order can be to limit the life of the ex-parte injunction or stay order for a week or so.

 
Ad Interim Ex-Parte Injunction

Ad Interim Ex-Parte Injunction — If an exparte injunction order is granted, then in that case an endeavour should be made to dispose of the application for injunction as expeditiously as may be possible, preferably as soon as the defendant appears in the court.

 
Ad Interim Ex-Parte Injunction

Ad Interim Ex-Parte Injunction — Usually the court should be cautious and extremely careful while granting ex-parte ad interim injunctions — The better course for the court is to give a short notice and in some cases even dasti notice, hear both the parties and then pass suitable biparte orders — Experience reveals that ex-parte interim injunction orders in some cases can create havoc and getting them vacated or modified in our existing judicial system is a nightmare — Therefore, as a rule, the court should grant interim injunction or stay order only after hearing the defendants or the respondents and in case the court has to grant ex-parte injunction in exceptional cases then while granting injunction it must record in the order that if the suit is eventually dismissed, the plaintiff or the petitioner will have to pay full restitution, actual or realistic costs and mesne profits.

 
Ad Interim Ex-Parte Injunction

Ad Interim Ex-Parte Injunction — While granting ad interim ex-parte injunction or stay order the court must record undertaking from the plaintiff or the petitioner that he will have to pay mesne profits at the market rate and costs in the event of dismissal of interim application and the suit.  

 
Ad Interim Ex-Parte Injunction

Ad Interim Ex-Parte Injunction — The courts have to be extremely careful in granting adinterim ex-parte injunction — If injunction has been granted on the basis of false pleadings or forged documents, then the concerned court must impose costs, grant realistic or actual mesne profits and/or order prosecution — This must be done to discourage the dishonest and unscrupulous litigants from abusing the judicial system — In substance, we have to remove the incentive or profit for the wrongdoer.

 
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