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Showing contexts for: interlocutory injunction in Sri Vidya Vijaya Thirtharu vs Sri Vidya Shreesha Thirtharu on 19 November, 2024Matching Fragments
In MFA 6998/2018:
45. Before, proceeding on merits of application, a salutary reference to considerations and necessary findings required to be given while deciding application for temporary injunction would be appropriate. Hon'ble Supreme Court in Gujarat Bottling Co. Ltd. v. Coca Cola Co., reported in 1995 (5) SCC 545, held:
"43. The grant of an interlocutory injunction during the pendency of legal proceedings is a matter requiring the exercise of discretion of the court. While exercising the discretion the court applies the following tests -- (i) whether the plaintiff has a prima facie case; (ii) whether the balance of convenience is in favour of the plaintiff; and (iii) whether the plaintiff would suffer an irreparable injury if his prayer for interlocutory injunction is disallowed. The decision whether or not to grant an interlocutory injunction has to be taken at a time when the existence of the legal right assailed by the plaintiff and its alleged violation are both contested and uncertain and remain uncertain till they are established at the trial on evidence. Relief by way of interlocutory injunction is granted to mitigate the risk of injustice to the plaintiff during the period before that uncertainty could be resolved. The object of the interlocutory injunction is to protect the plaintiff against injury by violation of his right for which he could not be adequately compensated in damages recoverable in the action if the uncertainty were resolved in his favour at the trial. The need for such protection has, however, to be weighed against the corresponding need of the defendant to be protected against injury resulting from his having been prevented from exercising his own legal rights for which he could not be adequately compensated. The court must weigh one need against another and determine where the "balance of convenience" lies. ....."