27 May 2025 Civil Appeals >> Civil & Consumer Law  

The Supreme Court recently overturned an order by the High Court of Karnataka at Bengaluru in IEEE Mumbai Section Welfare Association v/s Global Ieee Institute For Engineers, which had granted a temporary injunction in an appeal against the rejection of a plaint. The case originated from Commercial Original Suit No. 906 of 2024, where the Commercial Court in Bengaluru, on March 12, 2025, rejected the plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC).

Aggrieved by this decision, the respondent filed an appeal (COMAP No. 181 of 2025) before the High Court. Along with the appeal, an application (I.A. No. 1 of 2025) was filed seeking a temporary injunction against the appellant. On April 15, 2025, the High Court granted this injunction, even though the appeal challenging the plaint's rejection was still pending.

The Supreme Court, after hearing both sides, observed that it was inappropriate for the High Court to grant a temporary injunction when the very plaint had been rejected by the Commercial Court. The Court emphasized that an appeal against a plaint's rejection is not a continuation of a suit in the same way that a subsisting suit would be. Once a plaint is rejected, any interim injunction previously in effect ceases to operate against the defendant until the plaint is revived or restored. The Court clarified that a subsisting plaint is a prerequisite for seeking a temporary injunction.

Consequently, the Supreme Court set aside the High Court's injunction order dated April 15, 2025. The Apex Court has requested the High Court to expeditiously dispose of COMAP No. 181 of 2025, preferably on or before June 30, 2025, urging cooperation from both parties. The Supreme Court explicitly stated that its decision does not reflect on the merits of the original case.

The appeal was thus allowed and disposed of in these terms, with any pending applications also being closed.