Introduction Anti-Arbitration Injunctions In India: Evolving Judicial Approaches And The Implication Of ‘Engineering Projects (India) Ltd. vs. MSA Global LLC’

Order XXXIX, Rule 1 of the Civil Procedure Code (CPC), 1908, empowers Civil Courts to grant Temporary Injunctions in situations where any property in dispute is in danger of being wasted, damaged, alienated, sold, removed or disposed off (from the possession of the Plaintiff) or otherwise causing injury to the Plaintiff, upon proof of such danger by Affidavit or otherwise produced by the Plaintiff. Rule 2 on the other hand extends such power to matters where the Plaint is filed to restrain the Defendant from committing breach of Contract or other injury of any kind; Plaintiff in this case, may apply for a Temporary Injunction to restrain the Defendant from committing such breach or cause such injury or any other breach or injury arising out of the same Contract or Property or Right.