What is the difference between interim and ad interim order?

 In legal terminology, both “interim order” and “ad interim order” refer to temporary orders issued by a court during the pendency of a case. However, there are nuanced differences between the two terms:

Interim Order:

An interim order is a temporary order issued by a court to maintain the status quo or prevent irreparable harm until a final decision is made on the merits of the case. Here are key aspects of an interim order:

• Legal Basis:

  Governed by Order 39 of the Code of Civil Procedure (CPC), which provides for various types of interim orders, including injunctions, stay orders, and appointment of receivers.

• Purpose:

  Aimed at preserving the rights of parties and preventing any injustice or harm pending the final determination of the case.

• Duration:

  Generally remains in force until further orders of the court or until the case is disposed of finally.

• Procedure:

  Typically granted after hearing both parties or, in urgent cases, ex-parte (without hearing the other party initially) with subsequent hearings to allow the other party to contest.

Ad Interim Order:

An ad interim order, on the other hand, refers specifically to a temporary order issued by a court at the initial stage of a case, often before hearing the arguments of the other party. Here are the key aspects of an ad interim order:

• Legal Basis: 

           Also governed by Order 39 of CPC, similar to interim orders.

• Purpose: 

       Issued urgently to prevent immediate harm or maintain the status quo until a detailed         hearing can be conducted.

• Duration: 

          Initially valid for a short period until a regular interim order is issued after hearing both sides.

• Procedure: 

Often granted ex-parte in urgent situations where immediate relief is deemed necessary. The court may subsequently hear the other party to determine whether to continue or modify the ad interim order.

Legal Sections and Rules:

• Order 39 of CPC: This part of the CPC deals with temporary injunctions and other interim orders. Sections such as Section 94 provide general provisions empowering courts to issue orders and injunctions to prevent abuse or harassment.
• Section 151 of CPC: Provides inherent powers to the court to make orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.

Key Differences:

• Timing: Interim orders are typically issued after hearing both parties, whereas ad interim orders are issued initially on an urgent basis without hearing the other party.
• Duration: Ad interim orders are temporary measures that are subject to modification or confirmation after hearing both parties, while interim orders generally remain in force until the case is concluded.

In summary, both interim and ad interim orders serve the purpose of providing temporary relief to parties in legal disputes. The distinction lies primarily in the timing and procedural aspects of their issuance within the context of judicial proceedings.

We hope we have answered your question / query.

For any query, kindly contact at below provided contact detail.

Thanks & Regards,

Delhi Intellectual Property LLP

Phone: +91-9911456111 / +91-9911984111 / +91-9911860111 / +91-9540656111

Website: www.delhiip.com

Email: info@delhiip.com | patent@delhiip.com | design@delhiip.com | trademark@delhiip.com | copyright@delhiip.com | litigation@delhiip.com