Supreme Court on When can Interim Mandatory Injunction be Granted?

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April 08, 2019

In this recent case, the Two-Judge Bench of the Supreme Court has rendered observations pertaining to principle of interpretation of document and circumstance which warrant the grant of ad interim mandatory injunction.

Case name: Hammad Ahmed v. Abdul Majeed & ors.

The Bench while passing it’s verdict in the case accentuated on the aforesaid legal principles as under:

Principle of Interpretation of Document- The Court in this context opined that the well-known principle of interpretation of document is that one line cannot be taken out of context. It is a cumulative reading of entire document which would lead to one conclusion or the other. While elucidating on the issue, the Apex Court also made reference to its judgment in the case of Delhi Development Authority v. Durga Chand Kaushish, wherein the Court held that the meaning of the document or of a particular part of it is to be sought for in the document itself.

Grant of Ad Interim Injunction- On this point, the Apex Court was of the view that ad interim mandatory injunction, is to be granted not at the asking but on strong circumstance so that to protect the rights and interest of the parties so as not to frustrate their rights regarding mandatory injunction. Reference was also made to Supreme Court’s judgment in the case of Deoraj vs. State of Maharashtra & ors., whereby the Court held that Court would grant such an interim relief only if it is satisfied that withholding of it would prick the conscience of the Court and do violence to the sense of justice, resulting in injustice being perpetuated throughout the hearing, and at the end the Court would not be able to vindicate the cause of justice.

The entire case can be accessed here.