An interim injunction is a pre-trial form of relief. Thus, for instance, orders summoning witnesses, adjourning cases, passing orders for bail, calling for reports and such other steps in aid of the pending proceeding, may no doubt amount to interlocutory orders against which no revision would lie under Section 397 (2) of the 1973 Code. The essence of the distinction between decree and order lies in the nature of the decision rather than the manner of its expression. The Court perused Section 11 of the Special Courts Act (SCA), 1979, Section 34 of the Prevention of Terrorism Act, 2002 (POTA) and Section 19(3) of the Prevention of Corruption Act, … "An interim or interlocutory order is by definition an order made pending the cause, before a final disposition on the merits." An interim order is given mainly to ensure that the interests of either party are not harmed due to and during the … It refers to when a temporary ruling is granted by the judge, which either prohibits or allows for a specific action, while the case is in process and until the court has reached a decision. It is a contempt of court to disobey. Injunctions, Interim Orders, Anton Pillar Orders. I would like to know the difference between an injunction order and an application of interim relief. While the Punjab & Haryana High Court has held that interim orders are interlocutory in nature and review in the same cannot be allowed, the High Courts of Madhya Pradesh, Calcutta and even Rajasthan, have held that interim orders are interlocutory and attract a bar on revision. By Mayank Shekhar | September 15, 2016. There are various types: (1) prohibitory; (2) mandatory, which prohibits an omission by ordering a positive act; (3) interlocutory, to maintain position until a full hearing; Interestingly while in Coimbatore, Surya … Interim Orders & Injunctions. 5. The Court went on to consider the question of whether an interim maintenance order is an interlocutory order. When a suit is filed for an order of interim injunction and the hearing takes place,defence have presented their side of the case , still the judge is not able to decide the case and needs time. Lastly are they taken up by the same judge and do i have to mention in my application for interim relief that i have already filed a suit seeking injunction. We have a long record of achievements in complex and high stakes disputes. [3] Introduction to an Interim Order . Applications for appointment of Commissioner, Temporary Injunctions, Receivers, payment into court, security for cause, and etc. It is made at the outset of a trial and relates to the heart of the case. 6. At the same time, any abuse of process thereof, during the pendency of a … An appeal is described as interlocutory when it is made before all … Interlocutory Applications. Justice Bhandari stated, “Since the interim maintenance order continues till the final decision of an application under … 13 April 2011 What is the basic difference & meaning between interim application & interlocutory applications as I do understand that both are interrelated in civil and as well also under criminal cases because it is applicable in civil & criminal both cases & also to SC. The Order 39 Rule 3 further provides that the court may resort to grant of ex parte interim injunction only when the court is satisfied that any delay and more so delay in the shape of notice to the other side may defeat the very purpose of the application. Next the applicant must make out a prima facie case: … An interim or interlocutory order is by definition an order made pending the cause, before a final disposition on the merits. Interlocutory orders may take various shapes depending upon the requirement of the respective parties during the pendency of the suit. In order to obtain an interlocutory injunction (or an order for the preservation of property), the applicant must identify the legal (which may be statutory) or equitable rights which are to be determined at trial and in respect of which final relief is sought: Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199 at [8]–[16], [60], [91]. 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