AI Overview...
-
Interim Injunction - A temporary court order issued during the pendency of a suit to prevent a party from doing certain acts until the case is decided. It is granted under Order 39 Rules 1 and 2 of the Civil Procedure Code (CPC) and aims to preserve the status quo J AND P COATS VS POPULAR THREAD MILLS - Delhi, DATTA DEVASTHAN TRUST VS MILIND GOVIND KSHIRSAGAR - Bombay, CORNING, INCORPORATED, U. S. A VS RAJ KUMAR GARG - Delhi.
-
Ad Interim Injunction - A specific type of interim injunction granted ex parte or on an urgent basis, often before the defendant is heard, to prevent irreparable harm. It is often used interchangeably with interim injunction, but technically refers to a temporary order granted at an early stage Jyothi Bairaiah VS Ogge Gajula Siddaiah - Telangana, RAMESH CHAND VS SHRI TEK CHAND - Delhi.
-
Difference Between Interim and Ad Interim Injunction - The sources indicate that there is generally no material difference between interim and ad interim injunctions; both are temporary orders intended to maintain the status quo during litigation. However, ad interim is sometimes specifically associated with ex parte or urgent relief granted before the defendant's appearance Jyothi Bairaiah VS Ogge Gajula Siddaiah - Telangana, RAMESH CHAND VS SHRI TEK CHAND - Delhi.
-
Legal Procedure & Discretion - Courts assess the urgency, prima facie case, and balance of convenience before granting such injunctions. The application for interim relief can be refused if the court finds no urgency or no prima facie case, but refusal does not imply the absence of urgency or need Shakriben Lavjibhai Gohel (Decd) Thru Legal Heir Mohanbhai Lavjibhai Gohel VS District Collector - Gujarat, UNION OF INDIA VS INTERNATIONAL CHEMICALSCORPORATION (INDIA) - Delhi.
-
Violation & Enforcement - The court emphasizes the importance of obeying interim orders, with provisions under Order XXXIX Rule 2A CPC to enforce compliance and penalize violations Louis Vuitton Malletier VS Capital General Store - Delhi.
-
Related Considerations - The nature of hearing for interim relief differs from final adjudication; jurisdiction and material facts are critical in determining the grant of such orders. The distinction between the nature of relief sought (e.g., injunction vs. other remedies) influences procedural aspects DATTA DEVASTHAN TRUST VS MILIND GOVIND KSHIRSAGAR - Bombay.
-
Specific Cases & Contexts - In cases involving trademarks, copyrights, or property, courts evaluate the likelihood of infringement and the potential for irreparable harm to decide on granting interim or ad interim injunctions J AND P COATS VS POPULAR THREAD MILLS - Delhi, CORNING, INCORPORATED, U. S. A VS RAJ KUMAR GARG - Delhi, RAMESH CHAND VS SHRI TEK CHAND - Delhi.
Analysis and Conclusion
The primary distinction between interim and ad interim injunctions is minimal; both serve as temporary measures to preserve rights during litigation. Ad interim often connotes an ex parte or urgent relief granted early in proceedings, but in practice, courts treat both as provisional orders with similar purposes. The key considerations involve urgency, prima facie case, and balance of convenience, with procedural safeguards to enforce compliance. Ultimately, the terminology may vary, but the function remains consistent: to prevent irreparable harm until the final judgment.
References: - J AND P COATS VS POPULAR THREAD MILLS - Delhi, Nama Ramaprasad VS Kristam Reddy Raju - Andhra Pradesh, Shakriben Lavjibhai Gohel (Decd) Thru Legal Heir Mohanbhai Lavjibhai Gohel VS District Collector - Gujarat, Jyothi Bairaiah VS Ogge Gajula Siddaiah - Telangana, RAMESH CHAND VS SHRI TEK CHAND - Delhi, UNION OF INDIA VS INTERNATIONAL CHEMICALSCORPORATION (INDIA) - Delhi, Louis Vuitton Malletier VS Capital General Store - Delhi, DATTA DEVASTHAN TRUST VS MILIND GOVIND KSHIRSAGAR - Bombay, SHAKRIBEN LAVJIBHAI GOHEL (DECD.) THRU LEGAL HEIR MOHANBHAI LAVJIBHAI GOHEL vs DISTRICT COLLECTOR - Gujarat, CORNING, INCORPORATED, U. S. A VS RAJ KUMAR GARG - Delhi
Search Results for "Difference between Interim and Ad Interim Injunction"
1995 0 Supreme(Del) 887 • India - Delhi
JASPAL SINGH
in design — No difference in two designs except for one letter — Interim injunction granted. ... Civil Procedure Code 1908 - Order 39 Rule 1 & 2 — Application seeking interim injunction in an action for passing off — Similarity ... ... ( 3 ) THE defendant objects to the grant of any interim relief on the ground that plaintiff s trade mark is not yet registered. The objection has no substance. ... He states that `moon is distinctive and that for that reason the plaintiff deserves no #....
2022 0 Supreme(AP) 1225 • India - Andhra Pradesh
SUBBA REDDY SATTI
INJUNCTION - AD-INTERIM/EXPARTE - ORDER XXXIX RULES 1 AND 2 CPC - DELAY IN DISPOSAL - GUIDELINES FOR COURTS Fact of the ... Case: Plaintiff filed a suit for permanent injunction and an interlocutory application for temporary injunction under Order ... Final Decision: The court directed the trial court to dispose of the interlocutory application for temporary injunction within ... In some cases, the learned presiding officers are being confused by using the words temporary injunction ....
2018 0 Supreme(Guj) 968 • India - Gujarat
J.B.PARDIWALA
State of Gujarat, (1984) 2 GLR 1333 to contend that once leave is granted, then irrespective of the fact whether interim relief is refused or the interim injunction application is not pressed, would not make any difference and the suit instituted will ... Merely because the interim relief is refused on merits, it cannot be said that there was no urgent or immediate need for interim relief in the suit. ... The only limitation which has been prescribed under sub-section (2) is that the C....
2020 0 Supreme(Telangana) 277 • India - Telangana
SHAMEEM AKTHER
order granted - Revision petitioners/plaintiffs would submit that in spite of ad-interim temporary injunction order being granted ... Application averments in affidavit filed in support of subject Interlocutory Application reveal alleged interference - Further, ad-interim ... petitioners/plaintiffs reveal prima facie case and balance of convenience in their favour vide order, dated in subject Suit, granted ad-interim ... no difference between an ad-interim order and an injunc....
2004 0 Supreme(Del) 1000 • India - Delhi
VIKRAMAJIT SEN
Family – interim injunction - Section 4 of Benami Transactions (Prohibition) Act, 1988 and Articles 58, 113, 106, 109 and 110 of ... Schedule to Limitation Act, 1963 – interlocutory application for interim injunction on grounds that suit property was Joint Hindu ... injunction. ... ... ( 12 ) FOR all these manifold reasons I am of the view that the Plaintiff is not entitled to an ad interim injunction prayed for. Application seeking vacation of ex parte inj....
1976 0 Supreme(Del) 145 • India - Delhi
S.S.CHADHA
INTERIM INJUNCTIONS OR SECURE THE AMOUNT IN DIFFERENCE IN APPROPRIATE CASES DURING THE PENDENCY OF ARBITRATION PROCEEDINGS BEFORE ... The court has the power to grant interim injunctions or secure the amount in difference in appropriate cases during the pendency ... Finding of the Court: The court held that it had the power to grant interim injunctions or secure the amount in difference ... Nothing has been brought to my notice wh....
2023 0 Supreme(Del) 2080 • India - Delhi
C. HARI SHANKAR
Interim Injunction - Order XXXIX Rule 2A - CPC - [VIOLATION OF INTERIM INJUNCTION] - [CPC 1908, Order XXXIX Rule 2A] - The court ... discussed the violation of interim orders of injunction and the application under Order XXXIX Rule 2A of the CPC. ... of court, emphasizing that Order XXXIX Rule 2A is intended to compel and enforce obedience of the order of interim injunction. ... The Court finds itself faced, in several such cases, with applications u....
2007 0 Supreme(Bom) 267 • India - Bombay
P.V.KAKADE
... Civil Procedure Code, 1908 - Order XXXIX, Rule 1 - Interim injunction ... not liable to be heard together. - There is material difference between the nature of hearing in respect of an interim relief and ... - Issue of jurisdiction - Nature of hearing - Material difference in between - Difference in nature of enquiry - Both questions ... There is material difference between the nature of hearing in respect of an interim relief and in respect of a....
• India - Gujarat High Court
J.B. PARDIWALA, J
(Paras 10-20) ... ... (B) Urgency in obtaining an injunction - Courts must assess urgency and ... comply can render the suit not maintainable - Leave to file suit without notice granted due to urgency; however, failure to pursue injunction ... State of Gujarat, 1984 (2) GLR 1333 to contend that once leave is granted, then irrespective of the fact whether interim relief is refused or the interim injunction application is not pressed, would not make any difference and the suit institut....
2003 0 Supreme(Del) 860 • India - Delhi
R.C.CHOPRA
... Civil Procedure Code, 1908 - Order 39, Rules 1 & 2 — Interim injunction ... injunction granted. ... Trade mark - Trade mark — Difference with design — Principles for determination — Discussed. ... It is also prayed that the defendants be restrained by an ad-interim injunction from infringing the plaintiffs copyright in the industrial drawings in the manufacture of ophthalmic lenses bearing "two ribs" design which is a three dimensional re-production. ... ... ( 1 ) IA No. 6059/200....
Filter by Legal Phrase
