SICAL LOGISTICS LIMITED Vs. KYKO GLOBAL INC

JUDGEMENT

(1.) The appellant herein is the plaintiff in the suit. The appellant filed a suit for declaration and permanent injunction in C.S.No.495 of 2012. Pending suit, the appellant filed two applications in O.A.Nos.593 and 594 of 2012 in C.S.No.495 of 2012, seeking grant of injunction, restraining respondents-1, 2 and 5 herein/defendants from using the fabricated documents and thereafter, instituting or continuing any legal proceeding placing reliance upon them. The learned single judge dismissed the applications on the ground that Section 41 of the Specific Relief Act would act as a bar. Challenging the order of the learned single judge in dismissing both the applications filed by the appellant, the present appeals have been filed.

(2.) Based upon the guarantee documents, dated 02.08.2010, purported to be signed by defendants 10, 11 and 14 and executed by them in pursuant to the Board of Directors' Meeting of the plaintiff-company said to have convened on 15.07.2010, proceedings have been initiated by defendants 1, 2 and 5 at Ontario, Canada. According to the appellant, the documents relied upon by defendants 1, 2 and 5 before the Court at Ontario, Canada, are fabricated ones. There was no Board Meeting on the date mentioned and the signatures of the Directors have been forged. Similarly, the document of Guarantee was also forged. The persons, who have allegedly signed those documents, were not in India at the relevant point of time. They have also filed affidavits to that effect.

(3.) According to defendants 1, 2 and 5, the documents are genuine. The suit as filed itself is not maintainable and it has also become infructuous. The only course open to the appellant is to approach the jurisdictional Court at Ontario, Canada. There are no bona fides in the applications filed.