Skip to main content

Violation Of Injunction Order Should Be Agitated At Court Of The Lowest Hierarchy

Answering a matter in reference, a division bench of the High Court of Kerala has ruled that in cases arising out of violation of injunction order, the appropriate forum would be the court of the lowest hierarchy.

A division bench presided by Justice V Chitambaresh and Sathish Ninan was considering a matter in reference by a single bench. The necessary facts of the case would be as thus: The plaintiff sought for an order of temporary injunction pending disposal of the suit, which was declined by the trial court, but later allowed by the appellate court.

Justice V Chitambaresh, who wrote the order under reference, observed that a procedural statute like CPC should not be construed in a literal sense, without understanding the scheme of the statute.

The court observed that Order XXXI Rule 2A is a deeming provision, which enables the court seized of the matter to deal with issues arising out of violation of an injunction order by itself, as if passed by the trial court itself.

The judicial reasoning was explained by Justice V. Chitambaresh as follows:
“Expediency warrants that the court where the main proceeding is pending (which in the instant case is the court of the munsiff where the suit is pending) deals with an application of that nature. Similarly the appellate court (if the appeal suit is pending on its file) shall deal with an application alleging violation of injunction in respect of an interim order passed in the appeal suit. This will obviate the necessity to pursue two independent proceedings in two different forums parallely between the same parties in respect of the same subject matter of the lis.”

The court even though held that jurisdiction could be exercised concurrently in these matters, observed that it would be advisable for the parties to agitate the same in the court of the lowest hierarchy as a first instance.

Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

When debt is bona fide disputed and the defence is a substantial one, the court will not wind up the company

In SHITAL FIBERS LTD.  vs  INDIAN ACRYLICS LIMITED, as per the respondent, appellant had made a payment of Rs.61,83,218/­. However, there was an outstanding balance of Rs.8,92,723/­ as on 28.7.2008. Since despite repeated requests, balance amount was not paid, the respondent issued a statutory notice to the appellant. The same was duly responded to. As the payment was not made despite notice being duly served on the appellant, the respondent filed the aforesaid Company Petition seeking winding up of the present appellant for its inability to pay admitted debts. The learned Company Judge vide order dated 28.9.2015 admitted the Company Petition. However, while doing so, the learned Company Judge observed, that since the appellant was an on­going concern, an opportunity should be granted to it to settle the accounts with the respondent by 31.12.2015. Only in case of failure of the settlement, the citation was directed to be published. On appeal, the Division Bench of the High Cou...

Abusing in-laws a ground for divorce: SC

Abusing in-laws and not allowing them to reside in the matrimonial home by a woman amounts to cruelty to her spouse, ground enough for grant of divorce, the Supreme Court has ruled while allowing an NRI's plea for legal separation from his wife. A bench of Justices Vikaramajit Sen and A M Sapre said such incidents could not be termed as "wear and tear" of family life as held by Madras High Court which had said that a couple must be prepared to face such situations in matrimonial relationship. The NRI had filed a divorce petition alleging that his wife was abusive to his family members and did not allow his parents and siblings to stay in his house when they visited the US. Referring to an incident, the husband told the court that his wife had once locked him and his sister out of the house and abused them saying they belonged to a 'prostitute family'. She refused to allow her sister-in-law to enter the house and even lodged a police complaint against her hu...