Injunction

Querist : Anonymous (Querist) 01 February 2010 This query is : Resolved
Hello sir,
Since lower civil court’s are not granting any injunction or stay in any cases. So, what are the documents reqd. and procedure to obtain the injunction or stay order from High court? Does injunction or stay apply to both parties? Plz. advice. Thanks

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B K Raghavendra Rao (Expert) 01 February 2010
Lower courts do grant injunction or stay but very cautiously. I have obtained many injunctions especially in lower courts.

If the matter is such that irreversible damage is going to cause to the plaintiff if injunction is not granted, only then the lower courts favour injunctions. You need to submit clinching documents and convince the court of consequences if injunction is not granted. Mere pleadings would not work.

Devajyoti Barman (Expert) 01 February 2010
If the lower court has not granted the injunction- temporary or ad interim then you can file Miscellaneous Appeal before the District Judge against the order refusing to grant injunction withe off course document showing emergent and prima facie case infavour of the petitioner.

Parveen Kr. Aggarwal (Expert) 02 February 2010
In case you show prima facie case and balance of convenience in your favour for grant of temporary injunction and also irreparable injury not compensable in terms of money, the Court will grant temporary injunction in your favour. Please go through the judgment AIR 2005 Supreme Court 104.

It will depend on the facts of each case what documents are required to show the above three.

Only plaintiff can claim temporary injunction unless the defendant has raised any counter claim.

Arvind Singh Chauhan (Expert) 02 February 2010
Does stay applies to both parties? depends on the words used in the order.

Raj Kumar Makkad (Expert) 02 February 2010
No Hogh Court is going to entertain injunction application directly. Civil suit lies with the concerned civil court and injunctions are also granted by those courts subject to satisfaction of prima-facie case, balance of convenience and irrepearable loss and if applicant is found fully satisfying all these three ingredients at the same time then definitely injunction is granted. Strong documents are required to be produced before lower court in support of application.

Sachin Bhatia (Expert) 02 February 2010
If the lower court has not granted the injunction then you can approach to the Distt. Judge If you show prima facie case and balance of convenience in your favour court will definately grant you injunction. Yes injunction or stay apply to both parties.

Querist : Anonymous (Querist) 02 February 2010
Respected Experts,
My sincere and heartiest Thanks to all of You

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