In Deoraj vs. State of Maharashtra & Ors. They also prevent any abuse of process during the pendency of proceedings. Deposit by defendant of amount in satisfaction of claim— The defendant in any suit to recover a debt or damage may, at any stage of the suit, deposit in Court such sum of money as he considers a satisfaction in full of the claim. Venkateswara Rao; AIR 1993 Mad 246,  "Rajender Singh v. Ramdhar Singh" AIR 2001 SUPREME COURT 2220; 2001 AIR SCW 2118,  M.K. (3) The dismissal shall not be set aside unless notice of such application has been served on the defendant. Bhujanga Rao v. Ch. In respect of some of such provisions it has been held that they are required to be complied with but noncompliance therewith will not vitiate the order so passed. Health Canada is developing a transition plan to ensure these products can continue to … (2) An application by the defendant for a like order may be madeat any time after appearance. Dn. The Appellate Court has exercised the jurisdiction in interfering with the order passed by the Trial Court on well considered reasons, which would not call for any interference in the exercise of revisional jurisdiction. When the court purposes to grant ex parte injunction without issuing notice to the opposite party, proviso to Rule 3 enjoins the court to record reasons. Enforcement of receiver's duties— Where a receiver—, (a) fails to submit his accounts at such periods and in such form as the Court directs, or, (b) fails to pay the amount due from him as the Court directs, or. If that hump is also by-passed by the Court it is difficult to hold that the party affected by the order should necessarily be the sole sufferer. It is also pertinent to note that by the Amending Act of 1976, a new sub-rule was added to R. 5 of Order XXXVIII to the effect that if an order of attachment is made without complying with the provisions of sub-rule (1) of the said rule, such attachment shall be void. There is no limit to the number of interim care orders that can be made. Introduction What this guidance is about 1.1. Where in pursuance of an agreement to sell entered into before the attachment the attached property is purchased by vendee after attachment, the purchase would prevail against attachment.. Grant of an interim relief in regard to the nature and extent thereof depends upon the facts and circumstances of each case as no strait-jacket formula can be laid down. 11 . The Appellate Court has exercised the jurisdiction in interfering with the order passed by the Trial Court on well considered reasons, which would not call for any interference in the exercise of revisional jurisdiction.. The power to appoint a Receiver suo motu cannot be exercised in the manner in which it was exercised by the High Court. [(3) Before making an order under rule 6 or rule 7 on an application made for the purpose, the Court shall except where it appears that the object of making such order would be defeated by the delay, direct notice thereof to be given to the opposite party.]. An injunction is a judicial process whereby the party is required to do, or to refrain from doing, any particular act. This is at the discretion of the court. In Morgan Stanley v. Kartick Das, the Supreme Court indicated the factors which should weigh with a court in the grant of an ex parte injunction: (i) whether irreparable or serious mischief will ensue to the plaintiff; (ii) whether the refusal of ex parte injunction would involve greater injustice than grant of it would involve. But detaining the disobedient party in civil prison is a mode of punishment for his being guilty of such disobedience. "A. Venkatasubbiah Naidu v. S. Chellappan" AIR 2000 SUPREME COURT 3032; 2000 AIR SCW 3307; "A. Venkatasubbiah Naidu v. S. Chellappan" AIR 2000 SUPREME COURT 3032; 2000 AIR SCW 3307, "Subhadra Rani Pal Choudhary v. Sheirly Weigal Nain" AIR 2005 SUPREME COURT 3011; 2005 AIR SCW 2278, "Kalpana Kothari v. Sudha Yadav" AIR 2002 SUPREME COURT 404, "Mahendra H. Patel v. Ram Narayan Singh" AIR 2000 SUPREME COURT 3569(1), "Sawai Bhawani Singh, Brig. The party which invokes the jurisdiction of the court for grant of an order of restraint against a party, without a !fording an opportunity to him of being heard, must satisfy the court about the gravity of the situation and the court has to consider briefly these factors in the ex parte order. Counsel submitted that in a case where no objection has been filed then the order would fall under Order XXXVIII Rule 6. (c) for all or any of the purposes aforesaid authorize any samples to be taken, or any observation to be made or experiment to be tried, which may seem necessary or expendient for the purpose of obtaining full information or evidence. In this connection we may refer to the decision of a learned Single Judge of this Court in Varghese vs. Varghese, 2001 (1)KLT 489. John may ask the … These orders are made under section 88 of the Oranga Tamariki Act 1989. It’s also important to understand what kind of information should be on all types of invoices. The submission that such an application for appointment of an Arbitrator would not lie before the Trial Court can also not be accepted in view of the provisions of Section 42 of the Act. It is a discretionary power which can be exercised only in exceptional circumstances, where it is shown that the exercise of power is necessary for the reasonable protection of the interests of the defendant.. We are of the view that only in case where attachment is effected or in case where attachment is withdrawn appeal is provided under Order XLIII Rule 1 (q). There are many types of interim orders, some interim orders direct a party to do a certain act or to stop doing a certain act. Govindan Kutty Menon v. Reena;AIR 2207 ker 254,  Rango v. Gunlingappa AIR 1941 B 198;Yeshwant v. Pyaraji A 1943 B 145,  Linga Bhatta alias Thammiah v. Saravana Enterprises;AIR 2003 Karn 128,  State of Orissa v. Madan Gopal AIR 1952 SC 12(14); Dorab Cowasji v.Coomi Sorab (1990) 2 SCC 117,  Manohar lal v. Seth hiralal;AIR 1962 SC 527,  Meston Scholl Society v. Kashi Nath;AIR 1951 ALL 558,  "Anil Kak v. Municipal Corporation, Indore" AIR 2007 SUPREME COURT 1130; 2007 AIR SCW 1104,  "D. Dwarakanatha Reddy v. Chaitanya Bharathi Educational Society";Dr. B. Avanindra Reddy v. Chaitanya Bharathi Educational Society and Ors.;Dr. Ltd. v. Timblo Minerals Pvt. Registered members get a chance to interact at Forum, Ask Query, Comment etc. 2. (1975) 77 Punj LR 133,  Jai Prakash v. basanta Kumari(1911) 15 IC 604(Cal),  L.V. (2) Where the defendant shows such cause of furnishes the required security, and the property specified or any portion of it has been attached, the Court shall order the attachment to be withdrawn, or make such other order as it thinks fit. v. Fernandeo Lopez" AIR 1989 SUPREME COURT 2206, "Filmistan Private Ltd., M/s. The Court should order him to pay A's costs. Interim orders are necessary to deal with and protect rights of the parties in the interval between commencement of the proceedings and final adjudication. ], The court shall before granting an injunction give notice to the opposite party except where it appear that object of granting the injunction would be defeated by delay. Dyechem Ltd. Section 94(c) and Rule 2-A of Order 39 provide for the consequences resulting from a disobedience or breach of an order of injunction issued by the court. There is, thus, no merit in both the revision petitions. Injunction granted by Trial Court for entire structure allowed to continue for years. It is left to the Court to decide on consideration of the fact situation in each case. Learned Judge held that theorder contemplated under sub rule 6 is one based on theconsequences of the failure of the defendants to comply with the Court's directives under sub-rule (5). (a) appointment a receiver of any property, whether before or after decree; (b) remove any person from the possession or custody of the property; (c) commit the same to the possession, custody or management of the receiver; and. It is remedy in the form of an order of the court addressed to a particular person that either prohibits from doing or continuing to do particular act (prohibitory injunction); or orders him to carry out a certain act (mandatory injunction). Restraining Orders A Restraining Order is granted to preserve the status quo of the subject of the controversy until the hearing on an application for a temporary injunction. Counsel appearing for the appellant submitted that this is a case where no objection was filed by the defendant-respondent. 227 of Constitution. It was rejected by High Court and court held that there should not be any interference. On the plaint being filed, A pays Rs. Generally, interim orders are issued and designed to remain in effect until another event occurs, such as a hearing or the commencement of a trial. Small Cause Court not to attach immovable property— Nothing in this Order shall be deemed to empower any Court of Small Causes to make order for the attachment of immovable property. Under Order XXXVIII Rule 6 (2) the Court can also withdraw attachment and make such order as it thinks fit. Interim orders can be used for several purposes. Typical lawsuits take months, if not years, to make it to court. Removal of attachment when security furnished or suit dismissed— Where an order is made for attachment before judgment, the Court shall order the attachment to be withdrawn when the defendant furnishes the security required, together with security for the cost of the attachment, or when the suit is dismissed. Also submit your article by sending to article @ lawyersclubindia.com the Judge actually stated there., are dealt with in chapter 48 ipso facto become illegal merely because it was by! Borne in mind before a receiver suo motu can not be passed until the defendant for a order. 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