Law: Civil Procedure Code (V of 1908)

Section: 1,2

(a) Civil Procedure Code (V of 1908)--- ----O. XXXIX, Rr. 1, 2---Interim injunction, grant of---Principles---Relief of injunction is discretionary and is to be granted by any court according to sound legal principles and ex-debito justice---Existence of prima facie case is to be judged or made out on the basis of material/evidence on record at the time of hearing of injunction application and such evidence of material should be of the nature that by considering the same, court should or ought to be of the view that plaintiff applying for injunction was in all probability likely to succeed in the suit by having a decision in his favour---Term prima facie case is not specifically defined in Civil Procedure Code, 1908 but consensus is that in order to satisfy about existence of prima facie case, pleadings must contain facts constituting existence of right of plaintiff and its infringement at the hands of opposite party---Balance of convenience is that if an injunction is not granted and suit is ultimately decided in favour of plaintiff, inconvenience caused to plaintiff would be greater than that would be caused to defendant, if the injunction is granted---Plaintiff was to show that inconvenience caused to him would be greater than that which may be caused to defendant---Irreparable loss is meant to be the loss, which is incapable of being calculated on the yardstick of money---Injunction is equitable remedy and accordingly is to conform to maxim of law of equity that he who seeks equity must do equity. Al-Tamash Medical Society v. Dr. Anwar Ye Bin Ju 2017 MLD 785; Shahzad Trade Links v. MTW Pak Assembling Industries Pvt. Ltd. 2016 CLC 83 and Sayyid Yousaf Hussain Shirzai v. Pakistan Defence Officers Housing Authority and others 2010 MLD 1261 rel. (b) Banking Companies Ordinance (LVII of 1962)--- ----S. 14(5)(a)---Specific Relief Act (I of 1877), Ss. 42, 54---Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1, 2---Corporate Governance Regulatory Framework and Regulations 8, 9 of Prudential Regulations For Corporate/Commercial Banking/DFI, Cl. G-5(2)(3)(4)---Suit for declaration, injunction and recovery of damages---Interim injunction, refusal of---Shares of bank,…

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