Calcutta High Court elucidates distinction between ‘Temporary Injunction’ and ‘Attachment Before Judgement’ The Calcutta High court explained the distinction between ‘temporary injunction’ and ‘Attachment before Judgment’. In the concerned case, the petitioner had advanced an amount of Rs. 7.5 crores to the respondent as loan pursuant to requests made for such by the respondent at an agreed rate of interest of 15% per annum. However, the respondent had refused to acknowledge such a debt in its entirety giving rise to the present dispute. The petitioner then prayed for relief in the nature of a temporary injunction. After examining the contentions, the Court explained the distinction between a "temporary injunction" as stated under Order XXXIX Rule 1 and an "attachment before judgement" under Order XXXVIII Rule 5. Under Order XXXIX Rule 1 a temporary relief is granted to the petitioner in the event that an imminent risk to the property in dispute in the suit is caused by the acts of the respondent. As a result, in a bid to preserve the disputed property, the Court can pass any order as it deems fit in the nature of a temporary injunction. Reddy and Reddy Law firm has a team of professionals experienced in civil laws. They are ready to resolve all your disputes on the subject.