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1981 (10) TMI 184

hom an interim injunction had been granted can be punished under Order 39 Rule 2-A of the Code of Civil Procedure, 1908, for short Code, for violation of that injunction after the said injunction has been vacated through final orders passed in the proceedings in which the order of injunction was passed? Putting it differently, the question is whether subsistence of the order of injunction is a necessary condition for passing an order of punishment under Order 39, Rule 2-A? The question has arisen in the circumstances hereinafter indicated. 2. Appellant Sheo Kumar Saxena filed a suit against the Respondents for injunction restraining them from terminating his services. An application for interim injunction was also made. The trial Court by o .....

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ich barred action under Order 39, Rule 2-A after the injunction had been vacated. According to him the Code does not contain any such bar and, therefore, the order of the Court below cannot be sustained. 4. The appeal has been opposed by Sri Raj Kumar who put in appearance on behalf of Respondents 1, 4 and 5. He argued that the purpose of Order 39, Rule 2-A was to compel obedience of the order of injunction and since after the injunction has been vacated there can be no question of compelling its obedience and, therefore, the punitive action prescribed under the Rule also cannot be taken after the injunction order ceases to exist. 5. Rules 1 and 2 of Order 39 empower the Court to grant temporary injunction to prevent threatened actions refe .....

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eriod is one year at the and of which the property may be sold and put of the sale proceeds the Court may award such compensation to the injured party as it deems fit and the balance, if any, is to be paid to the party entitled thereto. There is, however, one restriction upon the exercise of the power of sale; the sale can be ordered only if the disobedience or the breach is continuing. If the disobedience or the breach ceases to exist the property cannot be sold. Thus if after the attachment of property, the guilty person complies with the order fit temporary injunction, the attached property cannot be sold. On the same analogy, if the occasion to comply with the injunction vanishes, the attached property cannot be sold. Once the temporary .....

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ause (1) shows that the punishment of attachment of property is the primary or substantive punishment and the punishment of detention in civil prison is secondary or ancillary punishment. Now if the substantive punishment cannot be awarded after the vacation of the interim order, can there be any justification to resort to or impose the secondary or ancillary punishment? In my opinion, there cannot be any justification. 9. There is yet another way of looking at the matter. The final order by which the interim order of injunction is vacated reflects Court's considered opinion not only on the question whether the interim order deserved to be continued but also on the question whether the applicant was entitled to interim injunction on the .....

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cy of the civil revision in this Court the contemner remedied the breach of injunction by removing the tin-shed which he had put up in violation of the injunction. 12. The view taken by me is in accord also with the view taken by this Court in re: Surendra Nath Koley v. Sinclair Day AIR 1950 All 285 and in Manohar Lal v. Sri Prem Shankar Tandon AIR 1960 All 231. In both these cases action for disobedience of interim injunction was sought to be taken under the Contempt of Courts Act. In Surendra Nath's case (supra) the learned Chief Justice observed at page 286 as follows: Proceedings for contempt should be taken only in cases where a Court is satisfied that something has been done, which it is necessary in the larger interest of the adm .....

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