civil court for interim order!

[Sanjay Kulkarni]

–a credit card fraud happened at my account-phishing
–I recovered substantial money from the account frozen through( criminal court order).
–now my bank still does not want to settle it. meaning they continue to surcharge( interest, penalty etc)
–I was told to approach civil court to get interim relief
–because I am not guilty, it is violation of my rights. my account has been sabotaged.
–how quickly can this done?

[Dr. Ashok Dhamija]

The civil court has the power to grant temporary injunctions, stay, etc., and pass interlocutory orders under different Rules of Order 39 of the Civil Procedure Code. In certain urgent situations, the Court has the power to grant such temporary injunctions even without giving notice to the opposite parties (see Rule 3).

So, it all depends on you as to how fast you can file your civil suit along with application for temporary injunction, stay, etc. In cases of urgency, interim orders can be passed by the court after institution of the suit, without any unnecessary wastage of time. Rest, it all depends on the facts of each individual case.

     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Author]

Posts