If the respondent does not wishes to file the counter affidavit?

Querist : Anonymous (Querist) 09 February 2011 This query is : Resolved
Sir,
In my case, respondent have stated before the court that are not interested to file counter affidavit before the court. The court have recorded its submissions.
In such case the balance of convenience is in favor of which party?

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Tribhuwan Pandey (Expert) 09 February 2011
Depends on the arguments and merits of the case. Both aspects are there i.e. might be the case is week and there is no requirement of counter affidavit and hence oral submissions are sufficient.
secondly the case may be strong and the OP wants to settle the matter by complying the issue or elsewhere.

Parveen Kr. Aggarwal (Expert) 09 February 2011
It is for the plaintiff/petitioner to establish a prima facie case, balance of convenience in his favour and irreparable injury, in order to get temporary injunction/stay order. Even if the defendant/respondent prefers not to file reply, the court cannot presume the co-existence of the aforesaid in favour of the petitioner/plaintiff. It will depend on the facts of each case as to in whose favour balance of convenience lies.

N.K.Assumi (Expert) 09 February 2011
Order 8 Rule 10 of the CPC would operate for judgment.

G. ARAVINTHAN (Expert) 09 February 2011
based on the merits of your case

Amit Minocha (Expert) 09 February 2011
you cannot judge balance of convenience simply from non filing of counter affidavit, but it would support you to some extent. Rest would depend on merits of the case

Advocate. Arunagiri (Expert) 09 February 2011
All based on the power of your arguments.

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