Ex parte injunction contempt stayed pending merits decision on the main motion to avoid prejudice to parties.

Contempt proceedings arising from an ex parte injunction were stayed until the main notice of motion was decided on merits. The Court emphasised that the primary application under Order XXXIX Rules 1 and 2 should be taken up first, and that Order XXXIX Rule 3A calls for early disposal of an ex parte injunction application. It noted that deciding collateral contempt issues before the main motion could prejudice the parties, especially where pleadings were complete and the application remained pending. The High Court was requested to decide the notice of motion expeditiously.

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Issues: (i) Whether the contempt proceedings arising out of an ex parte injunction should be stayed until the pending notice of motion in the main suit is decided on merits.

Analysis: The appeals arose from interim contempt-related orders passed while the main notice of motion concerning the ex parte injunction remained pending. The Court declined to enter upon the merits of the disputed issues or the correctness of the injunction-related contentions, noting that the main application had been pending despite completion of pleadings. The Court held that, in the interest of the parties, the primary application under Order XXXIX Rules 1 and 2 should be decided first, and that Order XXXIX Rule 3A required an endeavour for early disposal of an ex parte injunction application. It further held that adjudication of collateral contempt proceedings before decision of the main motion could prejudice the parties.

Conclusion: The contempt proceedings were stayed until disposal of the notice of motion, and the High Court was requested to decide the main notice of motion on merits expeditiously.

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