Supreme Court: Party Still Liable For Violating Injunction Order Even After It's Set Aside

The Hon'ble Supreme Court ("SC") in a recent case, clarified that the subsequent setting aside of an injunction order does not absolve a party from liability for disobeying the order during its validity. The Hon'ble Division Bench, comprising of Justice Pankaj Mithal and Justice Sanjay Karol, made the aforesaid observation while interpreting Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 ("CPC") which addresses violations of injunction orders or orders issued under Order XXXIX Rule 1 and 2 CPC. Rule 2A (1) provides for penalties, including property attachment or imprisonment for up to three months, for those who disregard injunction orders. The SC emphasized that a party remains accountable for any violations committed while the injunction was operative, regardless of whether the order is later annulled.