INDIA Law and Practice Contributed by: Anuradha Mukherjee, Omar Ahmad, Vikram Shah and Soumya Dasgupta, Cyril Amarchand Mangaldas
In addition to injunctive actions, Indian courts are also empowered to pass anti-suit injunctions to prevent parallel proceedings in other jurisdic- tions. 6.2 Arrangements for Obtaining Urgent Injunctive Relief Injunctive relief can be obtained when a party demonstrates grave urgency. Such circumstanc- es may be apprehensions of precipitative action, grave pecuniary loss or any other circumstances which, if urgent injunctive relief is not granted, would result in any lawsuit becoming redundant or infructuous. 6.3 Availability of Injunctive Relief on an Ex Parte Basis While ex parte injunctive relief may be granted by the courts, such powers are exercised with circumspection, and only if an imminent threat of irreparable loss is demonstrated by the party seeking such relief. 6.4 Liability for Damages for the Applicant There is no specific provision in the CPC in relation to liability for damages suffered by the respondent. However, civil courts have inherent powers under Section 151 of the CPC to pass orders for relief not otherwise specified in the enactment. 6.5 Respondent’s Worldwide Assets and Injunctive Relief Indian courts have recognised worldwide asset freezing orders through precedent. 6.6 Third Parties and Injunctive Relief In certain exceptional circumstances, courts are able to grant injunctions against parties who are not party to the proceedings. However, the gen- eral rule is that injunctive relief is not granted
against third parties, unless at least an opportu- nity of hearing is afforded to them. 6.7 Consequences of a Respondent’s Non-compliance Wilful disobedience or non-compliance with the order of injunction passed by a court in India has the consequence of making the defaulting party liable for contempt of court. For injunctive orders passed under the CPC specifically, in the case of wilful disobedience of an order of injunction passed by a court under Order XXXIX Rules 1 & 2, it is open to the other party to file an applica- tion under Order XXXIX Rule 2A, whereunder a contemnor may be liable to the attachment of property, a fine and/or civil imprisonment, at the discretion of the court. The purpose of Rule 2A is typically to ensure compliance with an order of injunction, and punishment is contemplated only if such default/disobedience is actually wilful. Trials in courts in India are conducted through a mixture of oral arguments, witness/expert exam- ination at hearings, and the submission of writ- ten arguments and evidence. Exemptions from the requirement of examination (ie, a procedure for summary hearing) have been provided for under various statutes in certain circumstances. 7.2 Case Management Hearings Case management hearings are conducted by courts exercising civil jurisdiction. This stage involves the completion of all primary court fil- ings (the equivalent of claims, defence, rebut- tal). However, it was not until the enactment of the CCA that a formal concept of “case man- agement hearings” was introduced. The CCA requires the court to hold the first case man- 7. Trials and Hearings 7.1 Trial Proceedings
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