Appealability of ex parte temporary injunction and lack of prima facie right where amalgamation remained un-sanctioned.

An ex parte ad interim injunction granted under Order XXXIX was treated as appealable, and the aggrieved party was not confined to relief under Order XXXIX Rule 4. On the merits, the applicant failed to show a prima facie case because its asserted rights depended on an un-sanctioned amalgamation scheme; until sanction and effectiveness, no present membership in the transferee company, no enforceable right to notice of the annual general meeting, and no basis to restrain the company's internal management were established. The injunction was therefore liable to be vacated and interim relief refused.

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Issues: (i) Whether an ex parte ad interim injunction was appealable under the Code of Civil Procedure, 1908. (ii) Whether the plaintiff had made out a prima facie case and disclosed a cause of action for grant of ad interim injunction restraining the company from holding the annual general meeting and dealing with its affairs.

Issue (i): Whether an ex parte ad interim injunction was appealable under the Code of Civil Procedure, 1908.

Analysis: The appellate provision covering orders under Order XXXIX treated an order granting temporary injunction as appealable. The Court preferred the view of its own earlier decision that an appeal against an order granting temporary injunction was maintainable, and that the aggrieved party was not confined only to seeking relief before the trial court under Order XXXIX, Rule 4.

Conclusion: The ex parte ad interim injunction was appealable.

Issue (ii): Whether the plaintiff had made out a prima facie case and disclosed a cause of action for grant of ad interim injunction restraining the company from holding the annual general meeting and dealing with its affairs.

Analysis: The plaintiff's claim depended on an un-sanctioned amalgamation scheme. Until the scheme was sanctioned and became effective, a member of the transferor company could not assert rights as a member of the transferee company. The plaintiff therefore had no present membership in the company, no enforceable right to notice of the annual general meeting, and no basis to interfere with the company's internal management or with adoption of accounts and dividend matters. The pleadings were found not to disclose a prima facie cause of action for the injunction sought.

Conclusion: The plaintiff was not entitled to the injunction and the interim order was liable to be set aside.

Final Conclusion: The appeal succeeded, the ex parte injunction was vacated, and the notice of motion was dismissed, leaving the plaintiff without interim relief.

Ratio Decidendi: An ex parte temporary injunction is appealable, and where the applicant lacks a present enforceable right because the asserted entitlement depends on an un-sanctioned amalgamation scheme, no prima facie case for injunction is made out.

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