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INTERIM MANDATORY INJUNCTIONS CAN BE GRANTED IN APPROPRIATE CASES: Supreme Court

Team SoOLEGAL 5 Apr 2019 10:49am

INTERIM MANDATORY INJUNCTIONS CAN BE GRANTED IN APPROPRIATE CASES: Supreme Court

Supreme Court dealt with the contention raised in Hammad Ahmed case that an application under Order XXXIX Rules 1 and 2 of the Code, the Court will not grant interim mandatory relief resulting in creation of entirely new state of affairs which hitherto never existed.In the present case, interim mandatory injunction was to be handed over of the passwords. Management of Hamdard (wakf) to appellant was also sought. 

The bench comprised of Justice Uday Umesh Lalit and Justice Hemant Gupta and it observed that an ad interim mandatory injunction is to be granted on strong circumstance so that to protect the rights and interest of the parties so as not to frustrate their rights regarding mandatory injunction.

Much reliance was placed upon the Supreme Court judgment in Samir Narain Bhojwani v. Arora Properties and Investments wherein three judge bench had observed that Interim Mandatory Injunctions cannot be granted to establish a new set of things differing from the state which existed at the date when the suit was instituted.
"The grant of mandatory injunction is not prohibited even in Samir Narain Bhojwani case (supra). It has held that unless clear and prima facie material justifies a finding that status quo has been altered by one of the parties the order in mandatory injunction can be given.. The ad interim mandatory injunction, is to be granted not at the asking but on strong circumstance so that to protect the rights and interest of the parties so as not to frustrate their rights regarding mandatory injunction." 

The Supreme Court has thus observed that grant of interim mandatory injunction is not prohibited, and it can be granted in 'appropriate' cases. 

Tagged: Suoreme Court   Interim Injunction   Justice Uday Umesh Lalit   Justice Hemant Gupta  
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