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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN, J
VYSALI PHARMACEUTICALS LIMITED – Appellant
Versus
T. BEENA – Respondent
| Table of Content |
|---|
| 1. challenge to injunction order based on nclt's jurisdiction. (Para 1 , 3 , 4) |
| 2. court's observations on impropriety of lower court's injunction. (Para 2 , 7 , 8 , 9) |
| 3. arguments for maintaining injunction order despite insolvency. (Para 5 , 6) |
| 4. court's reasoning for setting aside the injunction. (Para 10) |
JUDGMENT
This Original petition is filed by the petitioners, who are Defendant Nos.1 and 3, company and the liquidator of the company, challenging the impugned order passed by the Sub Court, Ernakulam, in I.A.No.3/2025 in O.S.NO.41/2025 by ad interim granting injunction against the petitioners and other respondents on the suit filed by the 1st respondent herein.
2. Heard the arguments of the learned counsel for the petitioners and the learned counsel for the respondents.
3. The case of the petitioners is that, the 1st respondent filed a suit before the Sub Court, Ernakulam, for seeking permanent injunction against the defendants and other consequential reliefs in the suit. The 1st respondent also application under Order 39 Rule 1 and 2 of the Code of Civil Procedure (CPC) numbered as I.A.No.3/2025, wherein the Sub ad interim Court passed temporary injunction against
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