Which court to approach for violation?
Rajib Kumar Deb : If the Appellate Court allows an appeal against an order of the trial/original court refusing temporary injunction, and thereby grants the temporary injunction, then any violation of that injunction order (also known as disobedience or contempt) can be addressed as follows:
The Appellate Court, the one that granted the injunction, is the proper forum to bring a violation or contempt petition.
Because; Under Section 94(c) of the Code of Civil Procedure (CPC), the court granting an injunction has the authority to enforce it.
Since the Appellate Court granted the injunction, it retains the power to enforce compliance and to punish for its breach under Order 39 Rule 2A of the CPC.
The original court, having earlier refused the injunction, does not have jurisdiction to enforce an order it did not issue.
Hence to approach the violation, the appellant must bring the violation/contempt case in the Appellate Court, as it is the authority that granted the temporary injunction.
Author is a Senior Assistant Judge, Cumilla.
