Distinction Between ‘Temporary Injunction’ And “Attachment Before Judgement” Under The CPC: Calcutta High Court Explains
The Calcutta High Court vide order dated 22.6.21 explained in detail the distinction in the nature of relief between a ‘temporary injunction’ under Order XXXIX Rule 1 and an order for ‘attachment before judgment’ under Order XXXVIII Rule 5 of the Civil Procedure Code, 1908 (CPC). Justice Moushumi Bhattacharya observed that while both provisions aim to protect the petitioner by preserving the disputed property, their applicability differs when it comes to the nature of property and the stage of proceedings in question. In the concerned case, the petitioner had advanced an amount of Rs. 7.5 crores to the respondent as loan pursuant to requests made for such by the respondent at an agreed rate of interest of 15% per annum. However consequently the respondent had refused to acknowledge such a debt in its entirety giving rise to the present dispute. Accordingly, the petitioner prayed for relief in the nature of a temporary injunction.