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Showing contexts for: mandatory injunctions in Kollam Highways Private Limited vs National Highways Authority Of India on 14 October, 2025Matching Fragments
11. I have heard the learned counsel of the parties and perused the material on record.
Digitally Signed Signing Date:23.10.2025 17:32:07
12. I am unable to agree with the contentions of Ms. Gupta. As regards the first aspect is concerned, it is already settled that the Court can pass mandatory injunctions in cases where the circumstances so warrant. As regards to the second aspect, letters written by the petitioner have been considered by the DRB and thereafter the Order has been passed. Since, that aspect has already been considered by the DRB, no interference is warranted at this stage.
17. The Court under Section 9 of the Arbitration and Conciliation Act, 1996 is required to mould the relief having regard to the facts and circumstances of the case to meet the ends of justice. Accordingly, though Section 9 of the 1996 Act confers power upon the Court to grant mandatory injunctions, such discretion may be exercised only in the presence of exceptional circumstances, and must be governed by the golden trinity of 3 elements i.e. prima facie case being made out, balance of convenience in the favour of party pleading the relief, irreparable harm if the relief is denied.
" 32. From the aforesaid judgments, it is well settled that the Court is vested with wide powers to grant interim measures, including the grant of mandatory injunctions, if the facts and circumstances so demand. The legislative intent behind section 9 is to enable the Court to preserve the subject matter of the arbitral dispute, and therefore its scope cannot be narrowly confined to prohibitory injunctions alone. At the same time, the grant of a mandatory injunction is an extraordinary relief which cannot be exercised in a routine manner. It is consistently held that such relief can only be granted when a strong prima facie case is made out, where withholding would result in greater injustice than granting. Thus, Digitally Signed Signing Date:23.10.2025 17:32:07 while section 9 empowers the Court to issue mandatory injunctions, the exercise of such discretion is conditioned upon clear, compelling, and exceptional circumstances, guided by the principles of balance of convenience, irreparable harm, and the requirement of what is "just and convenient."