BACHARAJ SINGHVI Vs. HASTIMAL KOTHARI

JUDGEMENT

(1.) This is an appeal against the order granting interim injunction under Order 39 rule 1 C.P.C. The order reads as under :

(2.) Therefore under Rule 3 it is incumbent upon the lower Court to issue notice before granting injunction. If for any reason, the Court proposes to grant interim injunction without issuing notice on account of some special circumstances, it is necessary that the Court should record reasons therefor. It is the proviso that makes it mandatory on the part of the Court to give reasons with reference to the circumstances that compelled the Court to come to the conclusion (hat time taken in serving the notice would defeat the very purpose of granting the injunction. Therefore, any order passed granting injunction without giving the reasons for invoking the exception is vitiated.

(3.) That apart, the importance attached to the issuance of notice to the opposite side is emphasised by rule 3-A, which runs as under: