New Enroll here to Join NaBFID Analyst Into Class on May 6

    Question

    In which case was it held that, the plaintiff should

    provide an undertaking that defendant can be compensated in case Injunction suit is decided in his favour?
    A Gujarat Bottling Co. Ltd. v Coca Cola 1995 Correct Answer Incorrect Answer
    B Ganesh Trading Co. v Moji Ram 1978 Correct Answer Incorrect Answer
    C Vidyodaya Trust v Mohan Prasad 2008 Correct Answer Incorrect Answer
    D Not provided in any case. Correct Answer Incorrect Answer

    Solution

    Gujarat Bottling Co. Ltd. v Coca Cola 1995 Relief by way of interlocutory injunction (Order 39 CPC) is granted to mitigate the risk of injustice to the plaintiff during the period before that uncertainty could be resolved. In order to protect the defendant, the court can require the plaintiff to furnish an undertaking so that the defendant can be adequately compensated if the uncertainty were resolved in his favor at the trial. Also, before granting an injunction, a court must give notice to the opposite parties unless it is satisfied that the object of granting the injunction would be defeated by the delay in giving notice.

    Practice Next