Sunday, August 22, 2010

delay does not get you interim relief

If an urgent relief is required to be obtained from a court of law by way of an interim relief you must go to the court as immediately as possible from the time you came to know about an event or happening or anything that is apprehended that is likely to put you in a situation where if such event takes place or continues you will suffer an irreparable loss. Ordinarily from the date of knowledge, a period of 7 days may not be considered as a delay that would defeat the immediate purpose. For instance, if a director of a company receives a notice which contains a proposal for his removal, he must seek protection by acting swiftly! If he takes a lot of time moves the court at the elventh hour, it would be fatal. Court granting interim portection would see the conduct of the applicant; the lawgic is if he is really aggrieved, he would run to the court for relief! Better act fast!! 

1 comment:

  1. Yes it is correct. There must be an urgency indeed; you must show that the grant of injunction would save you from irreparable loss. Recently the Company Law Board did not give a direction to a bank not to stop bank account operation because the applicant could not show that the bank account of the comapny was blocked.

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