something during the pendency of the trial. An
interlocutory injunction is intended to protect the right of the plaintiff till
uncertainty is resolved. They ... addition to or in substitution
for injunction. Thus, the relief of perpetual injunction and temporary
injunction as preventive relief are treated as specific relief
parties, having regard to considerations of
balance of convenience, no interlocutory injunction
should be granted, and reliance was placed in that
connection on a passage ... validity of the registration of the
mark on a Motion for interlocutory injunction, and that,
whilst a mark remains on the register (even wrongly
observed as follows:
"The grant of an interlocutory injunction during the pendency of legal
proceedings is a matter requiring the exercise of discretion ... 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
general rule, in relation
to orders in the nature of interlocutory injunction,
appointment of receiver, etc.
13. It will be noticed that Rule ... attach any finality to the orders in the nature of
interlocutory injunction. Rule 4 enables the court to
discharge or vary or set aside
Jer Rutton Kavasmaneck vs Gharda Chemicals Limited on 20 December, 2012
Author: R.D. Dhanuka
Supreme Court has held:-
"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
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
learned Single Judge was correct in denying the relief of interlocutory injunction.
15. The Seller - M/s.Shaw Wallace & Company, issued a notification inviting ... settled principles of law, governing grant or refusal of interlocutory injunction. In case the trial court has exercised the discretion by considering the prima facie
such party and; (c ) whether in the absence of any interlocutory injunction
in pendency of the suit, the person like the petitioners/ plaintiffs ... favorable order in his favor. The
perpetual injunction or/and the interlocutory injunction being relief of equity,
could be granted in favor of that person
