other suit did not take any step to have the temporary injunction vacated and it was the first defendant who filed an application and thereafter ... contract Immediately on the appeal was allowed and the temporary injunction vacated, the first defendant issued a notice to the plaintiff calling upon
months that he man's an application for vacating the interim injunction which, by reason of the fact that the 3rd Respondent ... view that the interim injunction stood automatically vacated as his application for vacating the injunction was not disposed of within two weeks, in view
interfere with the discretionary order passed by the trial Court in vacating the injunction, simply because, a different interpretation is possible on the facts ... discretion?
7. It is well established that issuance of injunction or vacating of it is mainly in the judicial discretion of the trial Court
memo, advocate for plaintiff files IA, No
settlement, IA for temporary injunction stands vacated."
Being aggrieved by the aforesaid interim order of the Trial ... temporary injunction vacated. This Court is of the
considered view that the approach adopted by the Trial
Court is erroneous, contrary to the settled principles
which the grant of injunction should be subject, we think that during the period of subsistence of the injunction appellant shall pay to the respondent ... shall be entitled to move the trial Court to have the injunction vacated, Appellant shall also furnish a fresh guarantee to the respondent
Injunction besides insisting upon vacating the same, the learned Judge hearing both sides vacated the injunction and hence this appeal in which at the stage ... also respondents who had successfully prevailed upon the Court below to vacate the injunction. The respondents appeared in this Court on their own, took notice
earlier be vacated. The grounds made out in the affidavit filed by the 3rd defendant in support of IA for vacating injunction are the same ... written statement in addition to explaining that if the injunction is not vacated great hardship would be caused to defendant-3 since he has invested
chief defences on which the defendants seek for vacating the interim injunction.
8. The learned Judge, after hearing both sides proceeded, however, to confirm ... rely on the ground of balance of convenience alone, to vacate the temporary injunction although, as I have pointed out earlier on the question
said application, these defendants had filed an application for vacating temporary injunction on 3.8.1992. In the said application, these defendants have categorically stated that they ... submitted that, as on the date of the application for vacating temporary injunction, defendants-5 to 8 had made clear that, they have obtained
appearance
in the suit, there was no application to vacate the
injunction operating against them. For the next 6 [six]
years there was not even ... filed by the
38
defendants BDA, seeking to vacate the ex-parte order of
temporary injunction. No efforts have been made to get it
vacated
