How Can an Interim Application Help You Get Temporary Relief During a Case?

During a court case there are times when an issue arises that you simply cannot wait to have the court hear and dispose of. Maybe someone needs to sell the property in dispute. Maybe one party has to be restrained from dispossession. Evidence has to be recorded. Or maybe you need an order passed by the court protected.

An INTERIM APPLICATION can help you get relief on all these fronts.

Legally known as interlocutory applications or IA, interim applications are usually filed during the pendency of proceedings to obtain some relief or protection from the court. They can be either procedural in nature or substantive. An interim application gives temporary relief to one party over another based on facts. They are filed under the appropriate provision according to the nature of the relief sought.

In case you find yourself in need urgent legal relief in Delhi NCR, Ghaziabad, Noida, Greater Noida or anywhere else in India knowing HOW and WHEN to file an interim application can be the difference between protecting your rights and losing them. Advocate for Corporate matters can help you figure out whether your situation requires you to file an interim application and if so which provision applies and what documents should you attach along with your application.

Remember that just because you file an Interim Application doesn’t mean your pleadings with the court are still. A interim application is filed while your regular proceedings are pending. You will still have to go back to court and argue your main issue AFTER the interim application has been heard.

Why Should You File An Interim Application?

An interim application is made when the nature of your issue requires swift action by the court. A final order by the court could come weeks, months or even years later. If you have to sell a disputed property you can’t wait years to do so. You need the court to protect your current order. Maybe you recently got an order from the court but require it to be clarified.

The Supreme Court breaks down the types of interim applications as seen below:

If A & B are fighting over property and Party A is worried that Party B may sell the disputed property and keep the proceeds, he can file an application for temporary injunction preventing Party B from disposing of the disputed property. The purpose of this interim application is to obtain immediate relief until the property dispute is finally decided.

Similarly, a party can ask the court’s permission to add something onto the record. They can file an application for the court to modify the interim order passed or maybe even require the courts to hear their application early on the basis that they require urgent relief. A party may even file an application against the court requesting the court to grant extend or modify the interim relief granted.

“You should know what kind of interim relief you exactly need instead of generalising every urgent matter as an injunction application,” Says Advocate BK Singh.

Every case is different and therefore so are the grounds upon which you can file your application depending on the facts and stage of proceedings.

Quick Facts about Interim Applications

An interim application usually asks for one kind of relief sought on an urgent basis.

It does NOT replace your plaint in civil suits or your reply in appeals.

Each provision under which an interim application can be filed differs on the basis of the relief prayed for.

Temporary injunctions during civil proceedings can be filed under Order 39 of Code of Civil Procedure, 1908.

Section 151 of CPC can be used to bring an application under if you need the courts inherent powers to be exercised. This is subject to the law governing such inherent powers.

You may still have to argue your application before the Judge. Just because you need urgent relief DOES NOT mean that the court will take your submission ex-parte. Especially if the other party is unaware that the application has been made.

Courts will look at your pleadings, documents submitted, facts, law and urgency of the matter before exercising their discretion to grant you interim relief.

What Does “Interim Application” Mean In Court?

Simply put, an interim application means an application to the court for relief of some sort pending a proceeding or matter or during some procedural issue arising out of the proceeding/ matter.

Its a broad term. Any application regarding interim relief, staying/variation of an order, injunctions, amending/impleading/adding a document/extension of time/ appointing an officer to manage discovery etc. can be considered an interim application. Even applications for early hearing/direction by the court are interim applications.

Example: Everyone knows about interim applications for temporary injunction under Order 39 Rules 1 and 2 read with The Code of Civil Procedure, 1908.

You can file an application under Order 39 for temporary injunctions to restrain a party from doing certain acts. This could include: disposing off the disputed property, injury/wasting of the disputed property, selling the disputed property, causing damage to other party and many other situations where the court believes injury/pain will occur.

Notice the use of interim here. Order 39 is for temporary injunctions. Temporary meaning until the suit is finally decided.

Under Which Law Is An Interim Application Filed?

In Civil Lawsuits parties are to file suits appeals under respective suits and file applications under the CPC. Order 39 talks specifically about temporary injunctions. Section 151 talks about the inherent powers of the Court to make orders “necessary for the ends of justice or to prevent abuse of the process of the Court.” You CANNOT use section 151 to contradict established law.

If your dispute is covered under any other statute you may also find application provisions under that statute. Appellate forums such as constitutional courts, tribunals and various forum also have their own procedure to follow when filing applications.

You can see how wide the application of interim applications can be by looking at how the Supreme Court itself classifies them:

• Order granting interim relief
• Vacation of stay
• Early Hearing
• Intervention
• Modification
• Supply of additional documents
• Interim injunction
• Application under Order 39 R1&2 CPC

“First decide on the forum your case is in and the relief you want” – Advocate BK Singh.

When do you File an Interim Application?

The keyword here is interim. An interim application should ONLY be filed if there is something INTERIM for the court to decide.

Please don’t file an application just because you can. Here’s a non-exhaustive list of situations where you should consider filing an application:

• The property in dispute needs to be sold/preserved;
• You need an order varying or clarifying a previous order.
• You need a certain act stayed urgently.
• You want to put a document on record.
• You want the courts to hear your application early on a genuine procedural ground.
• You the Applicant or Respondent want to be added or struck off from the proceedings.
• Any party wants the court to grant them an interim protection order until final orders are passed.

See how every situation requires something specific to be done. Don’t file an application claiming you want the court to grant an injunction because your dispute is urgent. The court will look into the legal and factual issues presented before granting you an injunction in civil disputes.

File your application highlighting the proper grounds you want the court to exercise its discretion on. Avoid making blanket allegations in your application.

Documents and Evidence That May Be Required?

It all depends on what your interim application is concerning.

If your interim application concerns a property dispute you may need title documents, agreements, evidence of possession, notices served, prior court orders and photos.

If it’s a commercial matter you may have contracts, invoices, correspondence, evidence of payment, notices, account books and any other relevant documents.

If your interim application has to do with a previous order passed you will need a certified (or otherwise procedurally acceptable) copy of the order and documents showing why you want the order varied,clarified or extended.

When Should You Consult a Lawyer?

You should definitely speak with a lawyer if:

• A lawsuit is pending or about to be filed.
• Someone is about to take some action against you or already has.
• You received an interim order that “bothers” you.
• Ownership of a property or business is involved.
• You want to apply for stay or injunction.
• You want other parties/docs impleaded.
• You have a deadline to file or hearing date approaching.
• You aren’t sure where to file.

Your lawyer should also be able to spot instances where you may think you need an interim application but in reality your remedy lies in the main suit or appeal.

Advocate BK Singh can go over the facts of your situation, review any procedural posture and documents and lay out your available options based on fact. He can also help prepare your application.

How Can BK Singh Advocate Help With an Interim Application?

BK Singh Advocate can help you with interim applications if you are located in Delhi NCR or anywhere in India. You should speak with him if you need help understanding the requirements for interim relief,identifying the facts in issue, reviewing documents that support your claims or simply preparing the application with regards to the proceeding your matter is under.

Just because you need urgent relief DOES NOT mean you should file an application. Think of what you want FIRST. Once you know the exact relief you need then you should find out what legal provision applies and start filing your application.

Clients have also been informed that interim orders are not guaranteed. Its discretionary which means the court has the power to grant you or refuse you interim relief. A smart lawyer will never assure you that he will 100% guarantee you an injunction or stay order. EVERY situation is different. If time is a factor, get your documents and speak to a lawyer as soon as possible. The earlier he reviews your information, the more time he has to advise you on what,if any issues can be resolved prior to filing an application.

FAQs

Q1. What does interim application to court mean?

Ans. An application simply means a request made out of the Court for some relief. An interim application would therefore mean some procedural / interim relief sought out from a Court during or in respect to a proceeding. Procedure and relief varies on facts and forum.

Q2. Difference between interim application and main case?

Ans. Interim Applications are filed for some temporary relief sought on an urgent basis or procedural matter requiring the courts attention. The Plaint or Reply filed in suits/appeals will constitute the hearing of the parties actual dispute or claim for relief.

Q3. Can I put in an interim application for injunction?

Ans. Yes. Temporary injunctions are sought in civil suits by way of an interim application. Temporary injunctions in a suit already pending are dealt with under Order 39 Rules 1 and 2.

Q4. Can I file an interim application before judgement is pronounced?

Ans. Yes of course. Interim Application, by definition mean provisional relief requested from the Court before making a final determination on the parties’ dispute. Subject to the rules of the court/proceeding.

Q5. Can court pass interim order ex-parte?

Ans. Yes. If the Courts are satisfied that the circumstances which give rise to the prayer for interim relief are rightly deserves to be recognized by law. Hence, Ex parte orders are not mandatory.

Q6. Can interim orders be appealed/revoked?

Ans. Yes. The affected party will usually have recourse by way of application to set aside, modify, vacate, clarify, recall or appeal an order. Procedure will vary on type of order and forum.

Q7. What documents are required for interim application?

Ans. This would vary on what your interim application is concerning. You will usually require all pleadings/orders of the current proceedings, contracts / notices served, correspondence, title documents etc.

Q8. How quickly can an interim application be heard?

Ans. It all depends. Listing/ hearings for interim applications are subject to the forum, urgency if any, proper filing/service of the application, any objections that may be raised by the court or other party and calendar and discretion of the Judge in the circumstances.

Q9. Can I apply for an interim application without a lawyer?

Ans. Yes. You may be allowed to represent yourself before court in certain circumstances. Subject to each courts rules. You should atleast consult one if substantial legal rights are at stake or urgent relief is needed to avoid dispossession. You don’t want to file an application only to get rejected on a procedural technicality.

Q10. How can Advocate BK Singh assist me with an interim application?

Ans. Advocate BK Singh can assist you by first understanding the relief you’re seeking, reviewing your documents if any that support your application and advising you on the procedural requirements for your interim application. This is subject to a thorough discussion of your facts and the rules of the forum your application will be filed under.

Conclusion

There is nothing wrong with filing an interim application. Litigants simply cannot wait for the courts to finally hear their main dispute when faced with urgent issues. The court can help you protect your property from being sold out from under you, grant you urgent relief or protect an order you recently received.

The only way to ensure your application will be accepted is to stop treating every urgent matter as an injunction application. Be smart about the problem. Identify exactly what you want. Research the law that allows you to get that relief. Gather proof. And file your application through the proper channels.

Advocate Bk Singh can help you residents of Delhi NCR and India figure out if you need to file an interim application and if so how to go about it. Don’t go into court blind. He can help you learn what you need to do.