performance of an agreement with the Bank and for
perpetual and mandatory injunctions and that that suit was
integrally connected with the Bank ... company against the Bank for specific performance
and for perpetual and mandatory injunctions raising common
issues between parties in both these suits was a sufficient
scrutiny in applying these parameters for ‘prohibitory’ and
‘mandatory’ injunctions. Prohibitory injunctions vary from
mandatory injunctions in terms of the nature of relief that ... that they seek to restrict a future course of action.
Conversely, mandatory injunctions are backward-looking, because
they require the defendant to take an active
Order
XXI Rule 32 CPC applies to prohibitory as well as mandatory
injunctions. In other words, it applies to cases where the party is
directed
guideline approved for mandatory
injunctions in Locabail recognises that there may be cases
in which less is sufficient."
On the test ... date
when the suit was instituted.
The relief of interlocutory mandatory injunctions are
thus granted generally to preserve or restore the status
Company against the Bank for specific performance and for perpetual and
mandatory injunctions raising common issues between parties in both
these suits was a sufficient
that
31
even a claim for relief of specific performance, perpetual and mandatory
injunction being the subject matter of the suit by the respondent therein ... company against the Bank for
specific performance and for perpetual and
mandatory injunctions raising common issues
between parties in both these suits was a sufficient
House of Lords stated at page 367:
"It is true that mandatory interlocutory
relief may be granted even where it
substantially overlaps the final ... indicates when
perpetual injunctions are granted and Section 39
indicates when mandatory injunctions are granted.
Section 40 provides that damages may be awarded either
Court in the present case is a mandatory direction to
handover possession to the plaintiffs. Grant of mandatory interim relief
requires the highest degree ... usefully remembered in this regard:
“16. The relief of interlocutory mandatory injunctions are thus
granted generally to preserve or restore the status
mind in considering the prayer for
interlocutory mandatory injunction observed :
"The relief of interlocutory mandatory
injunctions are thus granted generally to
preserve or restore ... Being essentially an equitable relief the
grant or refusal of an interlocutory
mandatory injunction shall ultimately
rest in the sound judicial discretion of
the court
modification
of the decree, it is for grant of orders of mandatory
injunctions of different nature and in different terms as
quoted in the earlier
