Published on: 22 July 2023 at 10:30 IST
Court: Supreme Court
Citation: Colgate Palmolive (India) Ltd. v. Hindustan Lever Ltd. (1999)
Honourable Supreme Court of India has enumerated that the principles of grant of interim injunction in relation to disputes arising out of transfer of immovable property under the provision of Order XXXIX Rule 1 and Rule 2 of the Code of Civil Procedure, 1908 as follows.
24. We, however, think it fit to note herein below certain specific considerations in the matter of grant of interlocutory injunction, the basic being non-expression of opinion as to the merits of the matter by the court, since the issue of grant of injunction, usually, is at the earliest possible stage so far as the time-frame is concerned. The other considerations which ought to weigh with the court hearing the application or petition for the grant of injunctions are as below:
(i) extent of damages being an adequate remedy;
(ii) protect the plaintiff’s interest for violation of his rights though, however, having regard to the injury that may be suffered by the defendants by reason therefor;
(iii) the court while dealing with the matter ought not to ignore the factum of strength of one party’s case being stronger than the other’s;
(iv) no fixed rules or notions ought to be had in the matter of grant of injunction but on the facts and circumstances of each case — the relief being kept flexible;
(v) the issue is to be looked at from the point of view as to whether on refusal of the injunction the plaintiff would suffer irreparable loss and injury keeping in view the strength of the parties’ case;
(vi) balance of convenience or inconvenience ought to be considered as an important requirement even if there is a serious question or prima facie case in support of the grant;
(vii) whether the grant or refusal of injunction will adversely affect the interest of the general public which can or cannot be compensated otherwise.
Drafted By Abhijit Mishra
