grant
ARB.A. (COMM) 5/2019 Page 6 of 36
the interlocutory injunction sought by the appellant herein. The relevant part
of the observations ... against third party cannot disentitle the principal
itself.
(iv) Grant of interlocutory injunction is a discretionary remedy. The
Tribunal has exercised its discretion to deny
Lord Diplock
explained the position:
"A right to obtain an interlocutory injunction is not a
cause of action. It cannot stand ... jurisdiction of the court.
The right to obtain an interlocutory injunction is merely
ancillary and incidental to the pre-existing cause of
::: Downloaded
plaintiff would suffer irreparable injury if his
prayer for an interlocutory injunction is disallowed?
18. An injunction is a judicial process by which a party ... entitled to an order of injunction as a matter of right. The
grant of an interim injunction/permanent injunction is discretionary in
nature. A person
well settled parameters regulating the
grant or refusal to grant an interlocutory injunction. It is
contended that the law laid down by Division Bench ... established at the trial on evidence. The
relief, by way of interlocutory injunction is granted to mitigate
the injustice to the plaintiff during the period
well settled parameters regulating the
grant or refusal to grant an interlocutory injunction. It is
contended that the law laid down by Division Bench ... established at the trial on evidence. The
relief, by way of interlocutory injunction is granted to mitigate
the injustice to the plaintiff during the period
settled preposition of law that the prayer for grant of an interlocutory
injunction is at a stage when the existence of legal rights asserted ... administration of this form of interlocutory remedy which is both temporary and
discretionary. The very object of granting interlocutory injunction is to protect
the appellant
grant of temporary injunction:-
"43. The grant of an interlocutory injunction during the
pendency of legal proceedings is a matter requiring the
exercise ... plaintiff would suffer an irreparable injury if
his prayer for interlocutory injunction is disallowed. The
decision whether or not to grant an interlocutory injunction
Supreme Court observed as
under :
"43. The grant of an interlocutory injunction during the
pendency of legal proceedings is a matter requiring the exercise ... plaintiff would suffer an irreparable
injury if his prayer for interlocutory injunction is disallowed. The
decision whether or not to grant an interlocutory injunction
Lord Diplock explained the position:
"A right to obtain an interlocutory injunction
is not a cause of action. It cannot stand ... jurisdiction of the court. The right to obtain
an interlocutory injunction is merely ancillary
and incidental to the pre-existing cause of
action
which reads as follows :
"43.The grant of an interlocutory injunction during the pendency of legal proceedings is a matter requiring the exercise ... plaintiff would suffer an irreparable injury if his prayer for interlocutory injunction is disallowed. The decision whether or not to grant an interlocutory injunction