TaxTMI 
TaxTMI 
1981 (10) TMI 184
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....question is whether subsistence of the order of injunction is a necessary condition for passing an order of punishment under Order 39, Rule 2-A? The question has arisen in the circumstances hereinafter indicated. 2. Appellant Sheo Kumar Saxena filed a suit against the Respondents for injunction restraining them from terminating his services. An application for interim injunction was also made. The trial Court by order dated 2-1-1978, granted an interim injunction in favour of the Appellant. After hearing both the parties the injunction was vacated by the trial Court on 5-4-1978. Aggrieved by this order, the Appellant preferred an appeal before the learned District Judge. In this appeal also an application was made for the grant of an int....
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....that the purpose of Order 39, Rule 2-A was to compel obedience of the order of injunction and since after the injunction has been vacated there can be no question of compelling its obedience and, therefore, the punitive action prescribed under the Rule also cannot be taken after the injunction order ceases to exist. 5. Rules 1 and 2 of Order 39 empower the Court to grant temporary injunction to prevent threatened actions referred to in the Rules. Rule 2-A prescribes the consequences of disobedience or breach of the interim injunction by the party against whom the injunction was issued. The Rule inserted by Act No. 104 of 1976 reads as follows: Rule 2-A. Consequence of disobedience or breach of injunction. (1) In the cas....
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....cise of the power of sale; the sale can be ordered only if the disobedience or the breach is continuing. If the disobedience or the breach ceases to exist the property cannot be sold. Thus if after the attachment of property, the guilty person complies with the order fit temporary injunction, the attached property cannot be sold. On the same analogy, if the occasion to comply with the injunction vanishes, the attached property cannot be sold. Once the temporary injunction has been vacated, there is no occasion to comply with, the same. Therefore, after the temporary injunction has been vacated, the attached property cannot be sold, there is no occasion to attach property after injunction has been vacated. The obvious purpose of keeping the ....
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...., can there be any justification to resort to or impose the secondary or ancillary punishment? In my opinion, there cannot be any justification. 9. There is yet another way of looking at the matter. The final order by which the interim order of injunction is vacated reflects Court's considered opinion not only on the question whether the interim order deserved to be continued but also on the question whether the applicant was entitled to interim injunction on the date the same was passed. Now, will there be any justification to punish the violator for not obeying an order which the Court itself, after full consideration, comes to the conclusion, the applicant was not entitled to? In my opinion the answer must be in the negative. 1....