A Guide to Drafting a Temporary Injunction: Protecting Your Interests

Introduction

In legal proceedings, a temporary injunction plays a crucial role in preserving the status quo and safeguarding the rights of individuals or entities until a final decision is made. It is a powerful tool that can be used to prevent irreparable harm or maintain a specific state of affairs during the course of a lawsuit. This blog post aims to provide a comprehensive overview of temporary injunctions and guide you through the procedure of drafting one.

Understanding Temporary Injunctions

A temporary injunction, also known as a preliminary injunction or interlocutory injunction, is a court order that restrains a party from engaging in certain activities until a final resolution is reached in the underlying legal dispute. It is typically sought by the plaintiff to maintain the existing conditions until the case is fully litigated.

The Purpose and Types of Temporary Injunctions

 The primary purpose of a temporary injunction is to prevent immediate and irreparable harm that cannot be adequately compensated through monetary damages alone. It is commonly used in cases involving intellectual property infringement, contract disputes, trade secrets, non-competition agreements, and more. There are two main types of temporary injunctions:

1. Prohibitory Injunction: This type of injunction restricts a party from performing a specific action. For example, it may prohibit the defendant from selling or distributing a product that infringes on the plaintiff’s intellectual property rights.
2. Mandatory Injunction: In contrast to a prohibitory injunction, a mandatory injunction compels a party to perform a specific act. For instance, it may require a party to cease unauthorized use of a trade secret and return any confidential information obtained.

Procedure to Draft Temporary Injunction:

1. Understand the Legal Requirements: Before drafting a temporary injunction, it is essential to thoroughly comprehend the legal elements necessary to obtain one in your jurisdiction. These requirements typically include demonstrating a likelihood of success on the merits, irreparable harm, the balance of hardships, and the public interest.
2. Gather Supporting Evidence: Collect all relevant evidence, including documents, witness statements, expert opinions, and any other materials that substantiate your claim. This evidence should clearly establish the necessity for a temporary injunction.
3. Consult with an Attorney: Seeking advice from an experienced attorney specializing in the relevant field of law can greatly assist in drafting a strong temporary injunction. They can provide guidance on the specific language, format, and legal nuances necessary for a compelling argument.
4. Structure the Injunction: The temporary injunction should be drafted clearly and concisely, outlining the relief sought and the specific actions or restrictions to be imposed on the opposing party. It should also specify the duration of the injunction and any associated conditions or requirements.
5. File the Petition: Once the temporary injunction is drafted, it must be filed with the appropriate court. The filing should include supporting documents and a motion explaining the need for the injunction. It is crucial to adhere to all procedural requirements and deadlines set by the court.

Format of Temporary Injunction is provided below:

IN THE COURT OF SENIOR CIVIL JUDGE, DEHRADUN

IA NO. ____________OF 2022

IN

SUIT NO. __________OF 2022

IN THE MATTER OF:

Mr. Bhole Pratap, S/o Shyam Pratap

R/o Nanda ki Chauki, Dehradun                                                   ………………………..Applicant

Versus

Mr. Steve Jobs, S/o Paul Jobs

R/o Vasant Vihar, Dehradun                                                        ..……………………..Defendant

APPLICATION FOR TEMPORARY INJUNCTION UNDER ORDER XXXIX RULE 1 & 2 READ WITH SECTION 151 OF CPC, 1908

MOST RESPECTFULLY SHOWETH:

1. That the Applicant has filed a suit for declaration of partnership and final settlement of a/c against Mr. Steve Jobs which is pending before this hon’ble court.
2. That Defendant, in order to deprive the right of the benefit of the applicant, began to shift the goods and assets of the business establishment in a hurry.
3. That there is a prima facie case in favor of the Applicant as the matter was pending before the court and there is a threat to the partnership property.
4. That there will be irreparable damage to the applicant if the temporary injunction is not granted as the property will be misused by Defendant. It will be impossible to determine the correct value afterward.
5. That the balance of convenience lies in favor of the applicant as against the defendant.

PRAYER:

It is, therefore most respectfully prayed that this Hon’ble Court may be pleased to:

1. Pass a temporary injunction against the defendant restraining him to enter the business premises and move the goods and assets of the partnership firm.
2. Pass any such order as may be deemed fit and proper on the facts and circumstances of this case.

Place: Dehradun                                                                                                      APPLICANT

                                                                                                                                      Through

Date: 21.03.22                    Jeet Sinha            

                                                                                                                                   ADVOCATE

VERIFICATION

I, Mr. Bhole Pratap, the above-named applicant solemnly affirm that the contents of Para 1 to 5 are true and correct to the best of my knowledge and belief and those of legal averments are true and correct on the basis of legal advice received and believed to be true by me.

Verified at Dehradun on this 21^st day of 2022

APPLICANT

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Important Cases

• In Dalpat Kumar v. Prahlad Singh, the Supreme Court stated that the court while granting or refusing to grant injunction should exercise sound judicial discretion to find the amount of substantial mischief or injury which is likely to be caused to the parties, if the injunction is refused, and compare it with that which is likely to be caused to the other side if the injunction is granted. 
• The Allahabad High Court in L.D Meston School Society v. Kashi Nath held that an injunction may be issued only against a party and not against a stranger or a third party and also not against a court or judicial officer.
•  The Supreme Court in Martin Burn Ltd. v. R.N Banerjee. The Supreme Court observed: “A prima facie case does not mean a case proved to the hilt but a case which can be said to be established if the evidence which is led in support of the same were believed. While determining whether a prima facie case had been made out the relevant consideration is whether on the evidence led it was possible to arrive at the conclusion in question and not whether that was the only conclusion which could be arrived at on that evidence. It may be that the tribunal considering this question may itself have arrived at different conclusion. It has, however, not to substitute its own judgement for the judgement in question. It has only got to consider whether the view taken is a possible view on the evidence on the record.”

Conclusion

 A temporary injunction can provide a powerful legal remedy to protect your rights and interests during ongoing litigation. By understanding the purpose, types, and procedure of drafting a temporary injunction, you can effectively navigate the complex legal landscape and seek appropriate relief to preserve the status quo until a final resolution is reached. Remember, consulting with a qualified attorney is crucial to ensure that your temporary injunction is comprehensive and persuasive.

Know more about Temporary Injunction here.

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