Injunction against co-operative society proceedings barred where the restrained forum is not subordinate to the court sought to grant relief.

Proceedings before the Officer on Special Duty under the Maharashtra Co-operative Societies Act, 1960 were treated as judicial proceedings before a court in law, so an injunction could not be used to restrain their prosecution where the forum sought to be restrained was not subordinate to the court issuing the injunction. Applying section 41(b) of the Specific Relief Act, 1963, the Small Causes Court lacked jurisdiction to grant an ad interim injunction against those proceedings. The injunction was therefore inconsistent with the statutory bar and was set aside.

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Issues: Whether the Small Causes Court could grant an ad interim injunction restraining the parties from prosecuting proceedings before the Officer on Special Duty under the Maharashtra Co-operative Societies Act, 1960.

Analysis: Proceedings before the Officer on Special Duty under the Maharashtra Co-operative Societies Act, 1960 were treated as judicial proceedings before a court in the eye of law. Under section 41(b) of the Specific Relief Act, 1963, an injunction cannot be granted to restrain prosecution of proceedings in a court not subordinate to the court from which injunction is sought. Since the Officer on Special Duty was not subordinate to the Small Causes Court, the grant of ad interim injunction was inconsistent with the statutory bar and the prior decision of the Court on the same jurisdictional issue.

Conclusion: The ad interim injunction was without jurisdiction and had to be set aside.

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