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Supreme Court has observed that grant of interim mandatory injunction is not prohibited, and it can grant in appropriate cases. The ad interim mandatory injection is to be granted not at the asking but on strong circumstance so that to protect the rights and interest of the party so as not to frustrate their rights regarding mandatory injunction. The bench comprising justice uday, umesh lalit and justice hemant gupta observed that an ad mandatory injunction is to be granted not at the asking but on strong circumstance so that to protect the rights and interest of the party so as not to frustrate their rights regarding mandatory injunction. The court was dealing with a contention arise in an appeal, (Hammad Ahamed vs. Abdul Majeed) that an application under order xxix rules 1 and 2 of the code. The court will not grant interim relief resulting in creation of entirely new state of affairs which hither to never existed.
In this case, an interim mandatory injunction to hand over of the passwords and management of humdard to appellant was sought. In the said judgment reliance was placed upon the judgment of the apex court in samirnarian bhojwani vs. Arora properties and investment, the three judge bench had observed that interim mandatory injunction cannot be granted to establish a new set of things differing from the state. The bench had also referred to Deoraj vs. state of Maharashtra which held that such interim relief only if it satisfied with holding of it would prick the concise of the court and do violence to sense of justice, resulting in injustice being perpetuated throughout the hearing.
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