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Sarthak Nayar   03 January 2018

Difference between injunction order and interim relief ?

Respected Sir/Mam,

I would like to know the difference between an injunction order and an application of interim relief.  I would also like to know if these applications are filed together or after filing of the injunction suit.  Lastly are they taken up by the same judge and do i have to mention in my application for interim relief that i have already filed a suit seeking injunction. 

Thank you in advance.



Learning

 11 Replies

N.K.Assumi (Advocate)     04 January 2018

Injunction is a judicial remedy by which a person is ordered to refrain from doing or to do a particular act or thing. In the former case, it is called a preventive or restrictive injunction and in the latter a mandatory injunction. Injunction maybe temproary or mandatory or non mandatory or interlocutory or perpetul. Injunction has to be filed in the same court and for any other relief that you crave from the court depends on your suit subject matter.Injunction jurisdiction lies with the original jurisdiction, revisional or appelate court.

Sycorax Juris   04 January 2018

N.K.Assumi, can you also please explain what is Mareva Injunction?

N.K.Assumi (Advocate)     04 January 2018

Sycorax or Airel, whatever, Mareva injunction is of recent origin from the practise of English Court from the case of Mareva Compania Naviera SA Vs International Bulk Carriers SA (1980) 1 All ER 213 (CA). Mareva Injunction restraint the defendant from removing his property outisde the jurisdiction of the court pending disposal of the case. This principles is also not unknown in India, and this principles is there in our CPC in the form of attachment before judgment. Sycorax you also read Mareva injunction along with Anton Piller orders which also originate from the case of Anttuon Piller KG vs manufacturing Proceesse Ltd (1976) 1 All ER 779.

Sycorax Juris   04 January 2018

Thanks N.K.Assumi, but i am not Airel but Sycorax.

Sarthak Nayar   04 January 2018

Thank you for your response but can you also explain what is application for interim relief also.

N.K.Assumi (Advocate)     04 January 2018

Injunction is always preventive in nature, that is to prevent future injury, and interim means temproary or say temproary orders of the court to handle a matter until final orders is issued which may not be preventive, depending on the relief craved by way of interim relief.

P. Venu (Advocate)     04 January 2018

What is the real issue? In fact, is there any real issue?

Sarthak Nayar   04 January 2018

@P. Venu Yes sir, my neighbour has installed four CCTV cameras that are surveilling my 1. Entrance door 2. And two of my private balconies. He has mala fide intentions to install such cameras as we have had a history of petty neighbourly disputes. The cameras are directly pointed towards my property and are not just peeping. I want to file an injunction proceeding in district court if the court does not give me an Ex-parte order the i would also like to file an application for interim relief. Kindly guide me.

SHIRISH PAWAR, 7738990900 (Advocate)     04 January 2018

Now a days you will find CCTV cameras every where. Each person is having camera in smart phone so injunction may be diffcult.

P. Venu (Advocate)     04 January 2018

You can file a regular suit in the local civil court. A local advocate would help you in the matter. Temporay ad-interim injunction would be granted based on your pleadings.

JeffNowell   07 January 2018

I read your entire article and I genuinely like it.


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