Interim injunction in money claims may protect disputed property where prima facie liability is shown and quantum remains unresolved

In a money recovery suit arising from a flat purchase agreement, an interim injunction restraining creation of third-party rights over the disputed flats was granted after the prayer for attachment before judgment was withdrawn. Although the parties raised rival claims on contract termination, refundable sums, and contractual deductions, the materials showed a prima facie liability against the defendant and the exact quantum remained for trial. To preserve the subject matter of the dispute, the court held that restraint on alienation of the specified units was appropriate.

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Issues: Whether, in a suit for recovery of money arising out of a flat purchase agreement, an interim injunction restraining the defendant from creating third-party rights over the specified units could be granted when the plaintiff had withdrawn the prayer for attachment before judgment.

Analysis: The application was confined to injunctive relief after the prayer for attachment before judgment was not pressed. The parties' rival versions on termination of the contract, the amount refundable, and the deductions claimed under the agreement disclosed triable issues, but the materials then available indicated that the defendant was liable to the plaintiff, though the exact quantum remained to be determined. In these circumstances, and to preserve the subject matter of the dispute, restraint against alienation of the specified flats was considered appropriate. The earlier authorities cited on attachment before judgment and injunction in money claims were noted, but the relief was determined on the facts of the case.

Conclusion: Interim injunction against creation of third-party rights over the specified units was granted in favour of the plaintiff.

Final Conclusion: The proceeding was concluded by granting protective injunctive relief limited to the disputed property interests, while leaving determination of the precise monetary liability to be adjudicated in the suit.

Ratio Decidendi: In a money claim, an interim injunction may be granted to protect the subject matter where the materials disclose a prima facie liability and the exact extent of that liability remains for trial.

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