mandatory character as against
the prohibitory injunction could be granted? The counsel for the
Respondents pointed out that the mandatory injunctions were
essential to avoid ... follows:
"16. The relief of interlocutory mandatory injunctions
are thus granted generally to preserve or restore the status
quo of the last non-contested
parties. However, after referring to certain judgments on interim
mandatory injunctions, the High Court prima facie found that HSBC had
carried out due diligence ... said shares in the market.
This being the case, and an interim mandatory injunction being in the
nature of equitable relief, the Division Bench
undeniably a mandatory
order at an interlocutory stage. There is marked distinction
24
between moulding of relief and granting mandatory relief at an
interlocutory stage ... went on to observe as follows:
“16. The relief of interlocutory mandatory injunctions
are thus granted generally to preserve or restore the
status
Overnite Express Limited vs Delhi Metro Rail Corporation on 12 June, 2020
Equivalent citations: AIRONLINE
case the mofussil courts have the power to issue mandatory injunctions on interlocutory applications it appears to me that upon grounds of general expediency ... interim orders in mandatory form though in exceptional cases and the learned Chief Justice was careful enough to observe : "Injunctions are form of equitable
small extent of property from the respondent herein and for injunctions, both permanent and mandatory. The appellant and the respondent are adjacent owners ... English decisions are favourably inclined in the matter of granting mandatory injunctions when the unlawful act does not merely obstruct proper enjoyment of plaintiff
decree of specific performance
and the injunction (See David Bean on Injunctions).
The Specific Relief Act, 1963 was intended to be “an
Act to define ... indicates when perpetual
injunctions are granted and Section 39 indicates
when mandatory injunctions are granted. Section 40
provides that damages may be awarded either
omission to do it in the past (injunctive and mandatory injunctive relief)."
33. In Rajahmundry Electric Supply Corporation Limited v. A. Nageswara
appellant is that an injunction on the application for ad interim mandatory injunction can be granted only in those discerning few cases where the Court ... Supreme Court". The relief of interlocutory mandatory injunctions are thus granted generally to preserve or restore the status quo of the last known-contested
counsel to file suit in the High Court of Delhi for
mandatory injunctions and declarations. An application
under Order 39 Rules
