In the Indian legal system, the term “Interim Order” refers to a temporary or provisional order passed by a court or tribunal during the pendency of a case. The purpose is to preserve the status quo, protect rights, and prevent irreparable harm until the final decision is made. Interim orders play a crucial role in ensuring justice is not defeated by the delay in litigation.
What is an Interim Order?
An interim order is a temporary judicial order passed by a competent court or authority, usually before the final adjudication of a matter. It aims to offer immediate relief or protection to the parties during the course of legal proceedings.
Example: In a property dispute, a court may pass an interim order restraining one party from selling the property until the case is resolved.
Legal Basis of Interim Orders in India
Interim orders are granted under various procedural laws such as:
- Civil Procedure Code (CPC), 1908
- Order XXXIX Rules 1 & 2 – Injunctions (Temporary Restraining Orders)
- Section 151 – Inherent Powers of the Court
- Constitution of India
- Article 226 & 227 – High Court’s powers to issue interim orders in writ jurisdiction
- Code of Criminal Procedure (CrPC) and special statutes like:
- Arbitration and Conciliation Act, 1996
- Consumer Protection Act
- Administrative Tribunals Act
Types of Interim Orders
1. Interim Injunction
- Temporarily restrains a party from doing a particular act.
- Common in civil suits like property disputes, intellectual property cases, etc.
2. Stay Order
- Temporarily halts the operation of a law, administrative order, or proceedings.
- Often used in appeals and writ petitions.
3. Status Quo Order
- Parties are directed to maintain current conditions until the court issues further orders.
4. Interim Compensation or Relief
- Courts may order temporary monetary relief in cases like domestic violence, motor accident claims, or labour disputes.
5. Ad-interim Order
- Emergency order passed ex parte (without hearing the other side) when delay may cause harm.
Conditions for Granting Interim Orders
Courts consider the “Three Golden Principles” while deciding on interim relief:
- Prima Facie Case – Whether there is a valid and arguable case.
- Balance of Convenience – Who will suffer more harm if the order is not granted.
- Irreparable Injury – Whether denial of interim relief would cause damage that cannot be compensated in monetary terms.
Landmark Judgments on Interim Orders
1. Dalpat Kumar v. Prahlad Singh (1992)
- The Supreme Court held that mere possession of title is not enough for interim relief; there must be a strong prima facie case.
2. Ramniklal N. Bhutta v. State of Maharashtra (1997)
- Court emphasized that interim relief should not stall development projects unless justified.
3. Zenit Mataplast v. State of Maharashtra (2009)
- Clarified that interim orders are not final and are subject to change or revocation.
Revocation or Modification of Interim Orders
Interim orders are not permanent and may be:
- Vacated (cancelled) if the other party shows there’s no case for interim relief.
- Modified as per the changing circumstances.
- Merged into the final order upon case disposal.
Importance and Limitations of Interim Orders
Importance:
- Prevents miscarriage of justice.
- Protects rights and interests during litigation.
- Helps in maintaining peace and order.
Limitations:
- Abuse of interim orders to delay proceedings.
- Temporary nature may sometimes lead to prolonged uncertainty.
- Requires judicial caution to avoid prejudice.
