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General Latest Legal September 2023

Injunction against enforcement of permanent injunction of Singapore Court against plaintiff from pursuing NCLT petition in India.

September 11, 2023 legaldeli

Anti-enforcement action from enforcement of anti-suit permanent injunction of Singapore Court against plaintiff from pursuing NCLT petition in India.

On 10.2.2006, shareholders agreement with supplementary agreements were executed between the plaintiff, defendant no.1 company and other defendants.

In 2019, the disputes between the plaintiff and the defendant no.2 on account of oppression and mismanagement.

On 3.3.2021, the plaintiff filed petition under Sections 241 and 242 of the Companies Act, in NCLT, Mumbai.

On 15.3.2021, Summons No.242 of 2021 filed by the defendant no.1 in the High Court of Singapore was served on the plaintiff on the ground that the disputes in NCLT petition are merely contractual and arbitrable as per SHA in Singapore. The plaintiff was also served with two ex parte orders dated 15.3.2021 restraining him from NCLT petition in India.

On 18.3.2021, the plaintiff filed the present suit for permanent injunction restraining the defendants from enforcing the anti-suit temporary injunction order.

The plaintiff also applied for temporary injunction pending the suit for restraining the defendants from enforcing Singapore Court anti-suit injunction Order.

HELD, the temporary injunction is liable to be granted since –

Grave and irreparable loss would cause to the plaintiff since he would be left remediless if anti-suit permanent injunction order of High Court of Singapore is allowed to operate.

Secondly, by virtue of the Singapore order, the plaintiff would stand restrained from pursuing his only remedy before NCLT.

Arbitration in Singapore would continue and the award that may be given would be unenforceable in India.

Interim Application No.1010 of 2021 in Suit No.95 of 2021 – Anupam Mittal Vs. People Interactive (India) Pvt Ltd. Judgment dated 11.9.2023

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