BMIC LIMITED Vs. CHINNAKANNAN SIVASANKARAN AND ORS.

JUDGEMENT

(1.) Whether interlocutory application for injunction is maintainable even before the admission of execution petition filed to execute a foreign judgment and decree is the core issue that arises for consideration in the application in A. No. 1245 of 2016 filed under Order XIV Rule 12 of Original Side Rules.

(2.) The applicant filed proceedings before the Supreme Court of Seychelles to register the judgment passed by the English Court. The first applicant in the mean time initiated proceedings to declare him as insolvent. He was adjudged insolvent by the Supreme Court of Seychelles on 21 July 2014. The Official Receiver was appointed as the Receiver and Manager of the Estate of first respondent. Thereafter, by order dated 18 January 2016, the Supreme Court of Seychelles approved the post bankruptcy composition and cancelled the declaration of bankruptcy order against the first respondent. The applicant was a party to the order dated 18 January 2016.

(3.) The applicant thereafter filed the Execution Petition before the Master contending that with a view to defeat the decree, the first respondent has transferred his assets and the other respondents are in possession of the properties in Trust for the insolvent. The applicant filed interlocutory application under Order 39 Rule 1 of CPC to injunct the respondents from alienating or encumbering the schedule properties pending disposal of the Execution Petition. The learned Master issued notice to the respondents in the application to grant leave to file execution petition and injunction, pending disposal of the leave to sue application.