“12.Situations emerge where the granting of an
interim relief would tantamount to granting the
final relief itself. And then there may be
converse cases where withholding of an interim
relief would tantamount to dismissal of main
petition itself; for, by the time the main matter
comes up for hearing there would be nothing left
to be allowed as relief to the petitioner though
all the findings may be in his favour. In such
cases the availability of a very strong prima
facie case - of a standard much higher than just
prima facie case, the considerations of balance of
convenience and irreparable injury forcefully
tilting the balance of case totally in favour of
the applicant may persuade the Court to grant an
interim relief though it amounts to granting the
final relief itself. Of course, such would be rare
and exceptional cases. The Court would grant such
an interim relief only if satisfied that
withholding of it would prick the conscience of
the Court and do violence to the sense of justice,
resulting in injustice being perpetuated
throughout the hearing, and at the end the Court
would not be able to vindicate the cause of
justice. Obviously such would be rare cases
accompanied by compelling circumstances, where the
injury complained of is immediate and pressing and
would cause extreme hardship. The conduct of the
parties shall also have to be seen and the Court
may put the parties on such terms as may be
prudent.”
