Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----0. XXXIX, Rr.l & 2---Grant of temporary injunction--- Factors to be considered by the Court enumerated---Dishonour, if any, has to be inferred only in, the case of infringement or threatened infringement of a right, but not otherwise---Monetary loss cannot be considered to be an irreparable loss for the purpose of granting or refusing temporary injunction. For granting temporary injunction under Order XXXIX, Rules 1 and 2, C.P.C. the following factors have to be considered:-- (1) Whether, prima facie, a right exists in the applicant and whether the respondents are likely to infringe that right. This is generally called, whether the plaintiff has a prima facie case in his favour. (ii) Whether irreparable loss or injury will accrue to the petitioner/plaintiff if the injunction is not granted. (iii) The inconvenience which the petitioner will suffer if the injunction is not granted will be comparatively greater than that which is likely to arise from granting it. This is generally called that the balance of inconvenience should be in favour of the applicant. 'The temporary injunction cannot be granted simply because the petitioner will feel dishonoured and humiliated. The honour and humiliation as such arc-. not the relevant considerations for granting or refusing temporary injunctions because these considerations arc related to human feelings. Such considerations ought not to weigh with the Court. The Courts are concerned only with the rights anal remedies. If a right vesting in a litigant is infringed or threatened to be infringed, only then a litigant is entitled to the grant of temporary injunction. Dishonour, if any, has also to be inferred only in the case of infringement or threatened infringement of a right, but not otherwise- A monetary loss cannot be considered to be an irreparable loss for the purpose of granting or refusing temporary injunctions. The fact whether the balance of inconvenience lies in favour, of granting the temporary injunction has to be decided keeping in view the paramount consideration that the public utility facility should be freely available to the general public. (b) Civil Procedure…

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