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WHAT IS AD INTERIM INJUNCTION? BY DR ANUPAM KUMAR MISHRA[ADVOCATE]

WHAT IS AD INTERIM INJUNCTION? BY DR ANUPAM KUMAR MISHRA[ADVOCATE]

An ad interim injunction is a type of temporary or interim injunction granted by a court to preserve the status quo and prevent irreparable harm until a final decision is made on the matter. It is an order issued by the court at the early stages of a case before a full hearing takes place on the merits of the case. The purpose of an ad interim injunction is to maintain the situation as it is until the court can fully assess the facts and legal arguments presented by both parties.

Key characteristics of an ad interim injunction:

  • 1-Temporary Relief: Ad interim injunctions are granted on an interim basis and remain in force until a final hearing or until the court issues a different order.

  • 2-Urgent Situations: These injunctions are usually sought in urgent situations where immediate action is necessary to prevent imminent harm or loss.

  • 3-Ex Parte or Inter Partes: Ad interim injunctions can be granted either ex parte (without hearing the other party) or inter partes (after hearing both parties). The court has the discretion to decide whether an ex parte order is appropriate based on the circumstances of the case.

  • 4-Standard of Proof: To obtain an ad interim injunction, the applicant must demonstrate a prima facie case, meaning that they have to show that there is a reasonable likelihood of success on the merits of the case. They must also prove that without the injunction, irreparable harm will be caused.

  • 5-Duration and Review: Ad interim injunctions are generally granted for a short period and may be reviewed or modified at a subsequent hearing.

It is important to note that while ad interim injunctions provide temporary relief, they are not final judgments on the merits of the case. The court will eventually conduct a full hearing to evaluate all the evidence and legal arguments presented by both parties before rendering a final decision.

Ad interim injunctions play a significant role in preventing immediate and irreparable harm, ensuring that the rights and interests of parties are protected until a more comprehensive examination of the case can take place.


DR. ANUPAM KUMAR MISHRA [ADVOCATE]

Mobile No.: +91- 9051112233.

E-Mail ID- lexisdelhi@gmail.com

LEXIS & COMPANY [LAW FIRM]

 

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