The Supreme Court, on Friday, came down heavily on the Punjab & Haryana High Court for an ex-parte ad-interim order passed by the High Court.In a case involving Air India Limited and TTL holidays, the Bench of Justices Rohinton Nariman and Navin Sinha expressed “surprise” at the manner in which the Punjab & Haryana High Court dealt with the case by granting an ad-interim ex-parte injunction on the same day the petition was moved..“We are surprised that an ex-parte ad interim order has been passed on the very day that the petition was moved in the Punjab & Haryana High Court.”.The High Court had granted a mandatory injunction to continue with an agreement between the two parties. The said agreement between Air India and Amadeus had terminated with effect from December 4, 2018, and this termination was not challenged by Amadeus, the Supreme Court was told..However, at the ad-interim stage, the High Court granted an ex-parte mandatory injunction without giving Air India a hearing. The Supreme Court in its order passed yesterday noted that the High Court order “flies in the face of” Order 39 of the Civil Procedure Code (CPC). The Court stated,.“We are satisfied that this kind of order flies in the face of Order 39 of the C.P.C. Quite apart from that, a mandatory injunction at the ad-interim stage to continue with a particular agreement ought not to have been granted without hearing the other side.”.The Court, therefore, set aside the order of the High Court..Attorney General KK Venugopal appeared for Air India Limited while Senior Counsel Abhishek Manu Singhvi argued for the Respondent..Read the Order:
The Supreme Court, on Friday, came down heavily on the Punjab & Haryana High Court for an ex-parte ad-interim order passed by the High Court.In a case involving Air India Limited and TTL holidays, the Bench of Justices Rohinton Nariman and Navin Sinha expressed “surprise” at the manner in which the Punjab & Haryana High Court dealt with the case by granting an ad-interim ex-parte injunction on the same day the petition was moved..“We are surprised that an ex-parte ad interim order has been passed on the very day that the petition was moved in the Punjab & Haryana High Court.”.The High Court had granted a mandatory injunction to continue with an agreement between the two parties. The said agreement between Air India and Amadeus had terminated with effect from December 4, 2018, and this termination was not challenged by Amadeus, the Supreme Court was told..However, at the ad-interim stage, the High Court granted an ex-parte mandatory injunction without giving Air India a hearing. The Supreme Court in its order passed yesterday noted that the High Court order “flies in the face of” Order 39 of the Civil Procedure Code (CPC). The Court stated,.“We are satisfied that this kind of order flies in the face of Order 39 of the C.P.C. Quite apart from that, a mandatory injunction at the ad-interim stage to continue with a particular agreement ought not to have been granted without hearing the other side.”.The Court, therefore, set aside the order of the High Court..Attorney General KK Venugopal appeared for Air India Limited while Senior Counsel Abhishek Manu Singhvi argued for the Respondent..Read the Order:
