What is ex-parte ad interim injunction?
Procedural law governing civil suits in India allows courts to grant injunctions without hearing the other side – also known as ex-parte injunctions. An ad-interim injunction is granted after hearing a defendant and operates only till the next date of hearing.
What is ex-parte interim order?
Ad-Interim Injunctions These injunctions are passed either through an ex-parte order or are passed if the defendant, even though present was not heard fully. Such injunctions are passed through severe damage caused to the petitioner in such a way that only an ex-parte order may grant relief.
What is interim injunction order?
Interim orders and injunctions are temporary orders issued by Courts in order to preserve the rights and/or assets of the applying party and/or the “status quo” until the Court reaches its final decision on a particular case.
Is an interim an injunction?
An interim injunction is sought where there is an urgent need for injunctive relief and is often granted on an ex parte basis (without the other side being present in court). This type of injunction is granted for a short period of time typically until the hearing of a motion for similar interlocutory relief.
When to apply for an ex parte injunction?
If new significant events occur, for example, even before the order is served, an application must be made to Court which must be informed of the new circumstances. If the Court grants an interim injunction, it will be on such terms as the Court thinks just in the circumstances, having regard to the above criteria.
When to grant an ad-interim order of injunction?
In some cases, even after the reply is filed by the defendants the court may grant ad-interim order of injunction if it does not have time to hear the matter and feels that it is necessary to grant injunction pending hearing to protect the plaintiff pending hearing of the application.
Can a court vitiate an ex parte ad interim order?
Consequently, if that requirement is not ready and the power is exercised, the ultimate order must also be vitiated or else, the party obtaining the ex-parte ad-interim order would be at an advantage. Further, he submits that the Court below is in error in not reading the entire Order 39 Rule 3 of the C.P.C.
What is an ad interim injunction in Malaysia?
Ad Interim Injunction: Stop What You’re Doing! As it is commonly known, an injunction is an order of court either to forbid the initiation or the continuance of some act or state of affairs (a prohibitory injunction) or to command that an act be done (a mandatory injunction) ( MBf Holdings Bhd v East Asiatic Co (Malaysia) Bhd [1995] 3 MLJ 49 ).
