Sample Application under Order 39 Rule 4 CPC for Discharge of Interim Injunction

APPLICATION UNDER ORDER 39 RULE 4 CPC FOR DISCHARGE OR VARIATION OF INTERIM INJUNCTION ORDER

The Defendant above-named most respectfully submits as follows:

1. That this Hon'ble Court vide order dated [date] was pleased to grant an ex parte ad interim injunction in favour of the Plaintiff and against the Defendant.
2. That the Defendant has now entered appearance and is ready to contest the suit on merits.
3. That the Defendant states that the Plaintiff has obtained the said injunction order by suppressing material facts and making false statements.
4. That the Plaintiff has no prima facie case and the balance of convenience is in favour of the Defendant.
5. That the Defendant is suffering irreparable loss and injury due to the continued operation of the injunction order.
6. That on the facts and circumstances of the case, the injunction order deserves to be discharged/varied/modified.

It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to discharge/vary/modify the interim injunction order dated [date].