Shilpi Nama
On 27th May, 2025, the Supreme Court held that a temporary injunction cannot be granted or sustained in the absence of a subsisting plaint. A bench consisting of Justices BV Nagarathna and Satish Chandra Sharma underscored that a legitimate plaint is essential for requesting injunctive relief.
The Court ruled that once a plaint is rejected under Order VII Rule 11 of the Civil Procedure Code (CPC), it ceases to exist, and any injunction granted in connection with it becomes invalid. Such an injunction can only be revived if the plaint is restored.
The case involved a respondent who, alongside appealing the Commercial Court’s rejection of their plaint, also filed for a temporary injunction against the appellant. While the appeal was still under consideration by the High Court, the High Court granted the injunction. In response to this challenge, the appellant sought the intervention of the Supreme Court.
The apex court set aside the High Court’s order, observing that it had erred in granting the injunction when the underlying plaint had already been rejected. The Court clarified that an appeal against the rejection of a plaint is not a continuation of the original suit, as the rejection renders the plaint non-existent for the time being.
The Court emphasized that until a rejected plaint is restored, no injunction can be issued against the defendant. It stated: “In other words, it is necessary that there ought to be a subsisting plaint in order to seek an order of temporary injunction.”
The Court further remarked that the correctness of the Commercial Court’s order was a matter for the High Court to decide, but the mere pendency of the appeal did not revive the rejected plaint or validate the injunction.
Accordingly, the Supreme Court allowed the appeal, reiterating that a valid plaint is a prerequisite for seeking injunctive relief.
Case Name: IEEE Mumbai Section Welfare Association Versus Global IEEE Institute For Engineers
Case Number: CIVIL APPEAL NO(S).7235/2025 (SLP (C) NO(S).14208 OF 2025)
Bench: Justice BV Nagarathna and Justice Satish Chandra Sharma
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