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TMI Blog1981 (10) TMI 184X X X X Extracts X X X X X X X X Extracts X X X X ..... for passing an order of punishment under Order 39, Rule 2-A? The question has arisen in the circumstances hereinafter indicated. 2. Appellant Sheo Kumar Saxena filed a suit against the Respondents for injunction restraining them from terminating his services. An application for interim injunction was also made. The trial Court by order dated 2-1-1978, granted an interim injunction in favour of the Appellant. After hearing both the parties the injunction was vacated by the trial Court on 5-4-1978. Aggrieved by this order, the Appellant preferred an appeal before the learned District Judge. In this appeal also an application was made for the grant of an interim injunction which was allowed and an interim injunction restraining the Responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction and since after the injunction has been vacated there can be no question of compelling its obedience and, therefore, the punitive action prescribed under the Rule also cannot be taken after the injunction order ceases to exist. 5. Rules 1 and 2 of Order 39 empower the Court to grant temporary injunction to prevent threatened actions referred to in the Rules. Rule 2-A prescribes the consequences of disobedience or breach of the interim injunction by the party against whom the injunction was issued. The Rule inserted by Act No. 104 of 1976 reads as follows: Rule 2-A. Consequence of disobedience or breach of injunction. (1) In the case of disobedience of any injunction granted or other order made under Rule 1 or Rule 2 or breach ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g. If the disobedience or the breach ceases to exist the property cannot be sold. Thus if after the attachment of property, the guilty person complies with the order fit temporary injunction, the attached property cannot be sold. On the same analogy, if the occasion to comply with the injunction vanishes, the attached property cannot be sold. Once the temporary injunction has been vacated, there is no occasion to comply with, the same. Therefore, after the temporary injunction has been vacated, the attached property cannot be sold, there is no occasion to attach property after injunction has been vacated. The obvious purpose of keeping the property under attachment for one year is to give opportunity to the violator to comply with the inter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pinion, there cannot be any justification. 9. There is yet another way of looking at the matter. The final order by which the interim order of injunction is vacated reflects Court's considered opinion not only on the question whether the interim order deserved to be continued but also on the question whether the applicant was entitled to interim injunction on the date the same was passed. Now, will there be any justification to punish the violator for not obeying an order which the Court itself, after full consideration, comes to the conclusion, the applicant was not entitled to? In my opinion the answer must be in the negative. 10. The view taken by me is in accord with the spirit and purpose of the provision which is to compel o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . In both these cases action for disobedience of interim injunction was sought to be taken under the Contempt of Courts Act. In Surendra Nath's case (supra) the learned Chief Justice observed at page 286 as follows: Proceedings for contempt should be taken only in cases where a Court is satisfied that something has been done, which it is necessary in the larger interest of the administration of justice, that the Court should take notice of.... ...But where the order issued is a doubtful order, Where the order itself has been vacated.... simply because a party considers that he has been aggrieved by some action which he considers high-handed, it would not be proper to issue a notice for contempt to show cause. (Emphasis supplied ..... X X X X Extracts X X X X X X X X Extracts X X X X
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