SPECTRUM ENTERPRISES Vs. BANK OF INDIA

JUDGEMENT

(1.) THERE is nothing in order 39, rules 1 and 2 C.P.C. which prohibits grant of temporary injunction in cases not covered by the provisions therein.

(2.) SIMILARLY there is no expression in section 94 of C.P.C. which expressly prohibits the issue of temporary injunction in the circumstances not covered by order 39 or by any rules made under the Code. Thus, the Courts have inherent jurisdiction to issue temporary injunction in circumstances which are not covered by the provisions of order 39 of C.P.C., if the Court is of opinion that the interest of justice required the issue of such interim injunction.

(3.) IN view of the above, this case also does not help the counsel for the appellants.