NO INJUNCTION WITHOUT A SUBSISTING PLAINT

IEEE MUMBAI SECTION WELFARE ASSOCIATION V. GLOBAL IEEE INSTITUTE FOR ENGINEERS:

CIVIL APPEAL NO(S).7235/2025 (@ SPECIAL LEAVE PETITION (CIVIL) NO(S).14208 OF 2025)

Hon’ble Bench: Justice B.V. Nagarathna and Justice Satish Chandra Sharma

Date: 27 May 2025 In the present case, the Commercial Court rejected the plaint under Order VII Rule 11 therefore, the respondent appealed against the rejection of the plaint and also filed an application for a temporary injunction before the Hon’ble High Court. The Hon’ble High Court granted the application for a temporary injunction. The issue that lies before the Hon’ble Supreme Court was whether the Hon’ble High Court had erred in granting the injunction order. The Hon’ble Supreme Court held that once the plaint itself has been rejected, until it is reviewed/restored, an order for temporary injunction cannot operate against the defendant in the suit. It was further stated that it is mandatory that there ought to be a subsisting plaint to seek an order for a temporary injunction.