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AMIT BANSAL
Vandana Verma – Appellant
Versus
Roop Singh – Respondent
Key Points: - The court reiterates the three prerequisites for grant of temporary injunction under Order 39 Rule 1(c): prima facie case, balance of convenience, and irreparable injury. (!) (!) - The court held that the plaintiff failed to establish a prima facie case for injunction and for attachment under Order XXXVIII Rule 5; the claim is primarily monetary and delay weakened the case. (!) (!) (!) (!) (!) - The court emphasized that attachment before judgment is a drastic, extraordinary remedy to be used sparingly and only with clear demonstration that the defendant intends to dispose of or remove property to obstruct/delay execution. (!) (!) (!) (!) (!) - The court concluded that granting interim relief would cause greater potential harm to the defendants than withholding it, balancing convenience in favor of the defendants. (!) (!) - The specific orders: LA. No. 11830/2021 and LA. No. 11829/2021 were dismissed; no attachment or injunction granted; pleadings completed; issues to be framed on 4th May 2022. (!) (!) (!) - The judgment references governing authorities on injunctive relief and attachment, including Dalpat Kumar, Mandali Ranganna, Raman Tech. & Process Engg. Co., and K. C. V. Airways Ltd. Blaggana. (!) (!) (!) (!) (!) - The sale transactions and mutual agreements, including the 2019 Mutual Agreement and 2020 Sale Deed, were acknowledged as admitted in various respects, with the court noting the plaintiff’s silence and the monetary nature of the dispute. (!) (!) (!) (!) (!) (!) (!) (!) - The court’s final disposition: no interim relief, no attachment; litigation to proceed on merits. (!) (!)
JUDGMENT
Amit Bansal, J. (Oral). - LA. No. 14107/2021 (for urgent hearing of LA. No. 11830/2021)
1. For the reasons stated in the application, the same is allowed.
LA. No.11830/2021 (u/O-XXXIX R-l & 2 of CPC) & LA. No.11829/2021 (u/O-XXXVIH R-5 of CPC)
2. LA. No.1 1830/2021 has been filed on behalf of the applicant/plaintiff, seeking a direction that the defendants be restrained from carrying out construction work in the suit property and be restrained from selling, disposing or creating any third party interest in the suit property.
3. LA. No. 11829/2021 has been filed on behalf of the applicant/plaintiff under Order XXXVIII Rule 5 of the CPC for the defendants to be asked to show why the suit property should not be attached, unless the defendants deposit the claimed amount together with costs of the suit or furnish security for the same.
4. Notice was issued in both the applications on 14th September, 2021.
5. The non-applicants/defendants no.l to 4 have filed replies opposing both applications.
6. Vide order dated 24th January, 2022, the defendant no.5 was proceeded exparte.
7. Facts relevant for deciding the present applications are set out below:-
i. The plaintiff was the owner of the s
The main legal point established in the judgment is the requirement for a prima facie case, balance of convenience, and irreparable injury for granting injunction and attachment of property under Ord....
The power to attach property under Order XXXVIII Rule 5 CPC should not convert unsecured debts into secured ones and must be exercised judiciously to prevent abuse.
Defendants, who file a counter claim against the plaintiff, can maintain an application for temporary injunction against the plaintiff. Additionally, the court may injunct the plaintiff to maintain s....
The court emphasized that attachment before judgment requires credible evidence of intent to obstruct execution, and failure to consider relevant documents constitutes a jurisdictional error.
A plaintiff alleging fraud must establish a prima facie case, balance of convenience, and potential irreparable harm to obtain an ad-interim injunction under the Code of Civil Procedure.
The court's decision was based on the fulfillment of the agreement to sell, possession of the property, and the principles governing the grant of injunction.
The court's decision was influenced by the plaintiffs' lack of willingness to purchase the property, leading to the vacation of the stay order.
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