Civil Procedure Code, 1908 - Order 39, Rules 1 and 2 - Specific Relief Act 1963, Section 41(b) - Interim injunction - Grant of - Exercise of inherent powers - Cannot be exercised to nullify other Statutory provisions - If protection of interest of parties necessary - Court can grant injunction under Section 151 of Code if no specific provision under Code or Act is available. - It is no doubt true that the Court can in appropriate cases (if interest of justice requires) grant injunction in exercise of its inherent powers in case, case is made out in this behalf. While exercising inherent powers the Court should not overlook statutory provisions of Section 41(h) of the Specific Relief Act, which clearly indicates that if any other effective remedy is available, no injunction is to be granted. It must be remembered that inherent powers cannot be invoked to nullify other statutory provisions as already observed hereinabove.

       Some times, interim orders are necessary to protect the interest of the parties till rights of parties are adjudicated upon. The Courts can grant interim injunction in exercise of inherent powers under Section 151 of the CPC if no specific provision under the Code or Act is available. However, while granting such interim order it should always be borne in mind that it is granted in the aid of final relief. If final relief is not available to the person seeking interim relief can be granted in his favour.

       Civil Procedure Code, 1908 - Order 39, Rules 1 and 2 - Interim injunction - Grant of - To maintain status quo recisiling at time of institution of proceedings - Cannot be granted by way of final relief at interlocutory stage - In respect of relief not claimed in main suit - No injunction can be granted where simple recovery of money involved. - Having heard rival parties, it is needless to mention that interim injunction is issued to maintain status quo existing at the time of institution of the proceeding. The real point which has to be decided, when an application for stay or for temporary injunction is made, whether the subject matter of the suit needs to be preserved. Interim injunction is not to be granted by way of final relief at the interlocutory stage. In respect of relief not claimed in the main suit, no temporary injunction can be granted. The purpose of Order 39 is to preserve and protect the interest in the property in suit and to protect the interest of the parties by preserving certain properties till final disposal of the case. It may be suit property, it may be a property which might form part of the security for repayment of a loan or a property on which a charge has been created. No injunction can be granted under Order 39, Rules 1 and 2 where simple recovery of money is involved.

       Civil Procedure Code, 1908 -Order 39, Rules 1 and 2, Section 151 - Grant of interim relief. - Grant of interim injunction by trial Court, cannot be said to be in aid of final relief. - The injunction was granted with respect to the claim relating to the alleged work carried out at Chandrapur Mangaon Division. The claim in the suit has nothing to do with the said contracts. In the circumstances, interim relief granted by the trial Court cannot be said to be in the aid of final relief. In the suit what is being prayed for is recovery of Rs. 98,42,283/- and permanent injunction restraining defendant Nos. 1 to 3 from demanding extension of bank guarantee from the plaintiff. The prayer for interim relief does not have any connection with the suit claim. Claim for interim relief cannot be said to be relief in aid of final relief. The trial Court had adopted novel method of granting final relief while granting interim relief. Para 3 of the operative part of the impugned order directs the defendant Nos. 1 and 2 appellants herein to release amount which is nothing but in the nature of money decree at the interim stage of the suit. It is beyond comprehension that when suit is still pending for trial, the trial Court, at this stage of the suit, could grant such interim injunction to release part of the money claim involved in the suit. The impugned order, therefore, is nothing but an abuse of process of the Court by the Judge of the trial Court himself. In the circumstances, impugned order is unsustainable. AIR 1983 SC 1272 - Relied.