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BISWAROOP CHOWDHURY
Aei Engineering Industries Pvt. Ltd. – Appellant
Versus
Linear Merchants Pvt. Ltd. – Respondent
| Table of Content |
|---|
| 1. court admits the appeal and simplifies proceedings. (Para 1 , 2) |
| 2. appellants challenge ex parte order's justification. (Para 3 , 4 , 5 , 6) |
| 3. required judicial discretion in injunction matters. (Para 7 , 8 , 9 , 10) |
| 4. attachment of assets requires evidence of insolvency. (Para 11 , 12 , 13) |
| 5. appellate intervention criteria based on judicial reasoning. (Para 14 , 15 , 16 , 17) |
| 6. impugned order set aside; procedural directive issued. (Para 18 , 19 , 20 , 21) |
JUDGMENT :
Biswaroop Chowdhury, J.
1. We formally admit the appeal.
2. As the point involved is very short, we have heard out the appeal after dispensing with all formalities.
3. The appellants are aggrieved by an ex parte ad interim order passed by the learned court below restraining them from operating their bank account without leaving a balance representing the claim of the respondent/plaintiff, i.e. Rs. 25,00,000/ (rupees twenty five lakhs).
4. Mr. Bhattacharya, learned Advocate appearing for the appellant submitted that there was no occasion for the court to pass the order ex parte when the suit had been filed on 17th March, 2022 and the respondent/plaintiff had taken numerous adjournments to comply with the
Violation of a court injunction has legal consequences, rendering the transactions illegal and not binding.
A plaintiff must establish a prima facie case for attachment before judgment, ensuring no asset disposal occurs that could obstruct potential recovery, as underscored by Order 38 Rules 5 and 6 of CPC....
An appeal against an interim order is not maintainable; the appellant must file an application for vacation of the order.
Point of law: Interim order of Single – Appeal not maintainable - Character of the ad interim order would continue to be the same until an adjudication is made by the irrespective of the fact as to w....
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