AIR 2003 BOMBAY 392 ::(2004) 13 IndLD 84 ::(2003) 3 AllMR 589 (BOM) ::2004 (1) BomCR 300 ::2003 (3) Mah LJ 757

Bombay High Court

Hon'ble Judge(s): D. G. Karnik , J

(A) Civil P.C. (5 of 1908) , O.39 R.3, O.39 R.1, O.39 R.2, O.41 R.1(r)— Ad interim injunction - Order refusing to grant or order postponing consideration of grant till service effected on other side - Is passed under Rr. 1 or 2 of O. 39 - Not under R. 3 of O. 39 - Order is appealable under O. 41, R. 1(r). The order granting ex parte ad interim injunction as well as order declining to grant ex parte temporary injunction and issuance of a notice, are both orders passed under Rule 1 or 2 of Order 39 of the Code of Civil Procedure. If the first is appealable, so must be the second.(Para 9) Rule 1 or Rule 2 of Order 39 are repository of the power to grant injunction. An order of injunction is always passed under Rule 1 or Rule 2 of Order 39 save and except rare orders passed under Section 151 of the Code of Civil Procedure. Rule 1 and Rule 2 of Order 39 do not use the words @page-Bom393 "interim or ad interim". These are the words coined by the lawyers and the Courts merely to indicate the stage at which orders are passed. Rule 3 of Order 39 mandates issuance of a notice by the Court to the opposite party before passing of an injunction to prevent injustice that may be caused to the opposite side by grant of an order of injunction without giving it an opportunity of being heard. Rule 3 only prescribes t....