Ad Interim Injunction

Plaintiffs assailed construction of gas station by defendant in a residential area on many grounds and .sought restraining order against defendant

High Court, in view of the undertaking given by defendant, did not restrain defendant from construction of gas station but directed him not to operate the gas station till final decision by court

Validity

Order passed by Single Judge was balanced order as the defendant also undertook that in case decision of court was otherwise, he would dismantle and demolish the construction etc. made by him for the purpose of gas station

Rights and interests of plaintiffs were totally secured and there was no fault or illegality in the order passed by Single Judge of the High Court, which order was passed in order to accommodate and safeguard interest of both the parties

Division Bench of High Court declined to interfere in the order passed by Single Judge

Appeal was dismissed in circumstances.

Injunction was originally granted with direction that the case be heard at the earliest possible date but injunction continued for a long time since 1999

Supreme Court deprecated the continuation of ad interim injunction for such a long time specially in view of the important nature of the case, the magnitude of the stakes and the quantum of finances involved

Party should not be allowed to benefit from a situation so created as the contract created in 1993 had been terminated in the year 1998 but still, under the force of ad interim injunction, the party was in complete enjoyment of the business not sanctioned and desired by the company.

Injunction was originally granted with direction that the case be heard at the earliest possible date but injunction continued for a long time since 1999

Supreme Court deprecated the continuation of ad interim injunction for such a long time specially in view of the important nature of the case, the magnitude of the stakes and the quantum of finances involved

Party should not be allowed to benefit from a situation so created as the contract created in 1993 had been terminated in the year 1998 but still, under the force of ad interim injunction, the party was in complete enjoyment of the business not sanctioned and desired by the company.