No Police Assistance for Enforcing Ad Interim Injunction
Calcutta High Court Emphasizes Careful Consideration Required Before Granting Police Aid for Interim Orders
News Report: In a significant judgment, the Calcutta High Court, presided by Justice Hiranmay Bhattacharyya, has set aside an order allowing police assistance for enforcing an ad interim injunction in a dispute between Aristocrat International Private Limited and Gouri Shankar Sharma. The court emphasized that ad interim orders should not be enforced with police assistance unless the rights of parties have been determined either finally or at the interlocutory stage in an unambiguous manner.
The dispute arose from a title suit filed by Gouri Shankar Sharma and others, seeking a declaration that certain actions by Aristocrat International were illegal and for a permanent injunction against interference in their hotel business operations. Initially, the trial court granted an ad interim injunction restraining Aristocrat International from obstructing the hotel operations.
Subsequently, the plaintiffs sought police assistance, claiming violations of the injunction order by Aristocrat International. However, the Calcutta High Court highlighted the necessity of careful adjudication before granting such reliefs. The court noted that conflicting orders existed, with a status quo order in a counter-suit, which could render the ad interim injunction nugatory if enforced with police aid.
Justice Bhattacharyya underscored that inherent powers under Section 151 of the Code of Civil Procedure should be exercised with caution and not mechanically at the mere asking of a party. The judgment further clarified that mere allegations of violation without specific findings are insufficient to justify granting police help.
The court's decision aligns with precedents that emphasize the importance of determining possession and control before enforcing interim orders with police assistance. The judgment reiterates the principle that police protection can only be extended when rights have been determined unambiguously, either finally or at the interlocutory stage.
This ruling serves as a reminder of the judiciary's cautious approach in exercising inherent powers and underscores the need for thorough adjudication before granting police assistance in civil disputes.
Bottom Line:
Police assistance for enforcing ad interim injunction orders should not be granted mechanically and requires careful consideration, particularly when the rights of parties have not been determined unambiguously at the interlocutory stage.
Statutory provision(s): Code of Civil Procedure, 1908 Section 151, Article 227 of the Constitution of India
