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1986 Supreme(Cal) 101

UMESH C.BANERJEE
PREETI SINGHA ROY – Appellant
Versus
CALCUTTA TRAMWAYS CO. LTD. – Respondent


Advocates Appeared:
ARUN PRAKASH CHATTERJI, DEBI DE

U. C. BANERJEE, J.


( 1 ) THE equitable remedy by way of an injunction whether mandatory or interlocutory in nature, is discretionary in nature and is never granted as a matter of course. Lord Diplock's speech in the American Cyanamid's case (American Cyanamid Co. v. Ethicon Ltd. (1975) 1 All ER 504) lays down certain guidelines for the grant of interlocutory injunctions. According to these guidelines the plaintiff must first satisfy the Court that there is a serious issue to decide and that if the defendants were not restrained and the plaintiff won the action, damages at common law would be inadequate compensation for the plaintiffs loss. Once satisfied of these matters, the Court will then consider whether the balance of convenience lies in favour of granting the injunction or not, that is, whether justice would be best served by an order of injunction. The great value of the Cyanamid case lies in its treatment of interlocutory injunctions as an aid to doing justice in the litigation. The demands of justice when it comes to the question of whether or not to maintain the status quo until the trial, cannot be governed by rules. What should be borne in mind in addition to the test p















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