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2021 (11) TMI 1170 - HC - Indian LawsSeeking to restrain Defendant No.2 from acting upon and enforcing the anti-suit injunction order passed by the High Court of the Republic of Singapore - HELD THAT - In view of the fact that the Interim Application taken out by the Plaintiff herein is required to be heard and particularly considering that the Interim Application seeks to restrain the Defendant No.2 from acting upon and enforcing the anti-suit injunction order which is now permanent anti-suit injunction by the judgment dated 26th October 2021 it would be appropriate to direct the Defendants to adjourn the meeting post the Interim Application being heard and decided. The Interim Applications shall be placed along with the Interim Application No.1010 of 2021 on 8th December 2021 at 2.30 p.m.
Issues: Application for restraining enforcement of anti-suit injunction, Appeal against judgment confirming injunction, Adjournment of company meeting, Amendment of Plaint to challenge injunction.
Analysis: 1. The Applicant/Plaintiff sought to restrain Defendant No.2 from enforcing an anti-suit injunction order issued by the High Court of the Republic of Singapore. The Plaintiff had earlier moved the Singapore Court to vacate the order, resulting in a judgment on 26th October, 2021 confirming the injunction. The Plaintiff has now appealed this judgment, with notice served to the Defendants. 2. The Court noted that a previous order had adjourned an extraordinary general meeting of Defendant No.1 Company scheduled for 7th April, 2021 to a later date, currently extended till the present hearing date. Considering the need to hear the Plaintiff's Interim Application, which aims to prevent enforcement of the permanent anti-suit injunction, the Court directed the Defendants to further adjourn the meeting until the Application is decided. 3. The Applicant/Plaintiff indicated the filing of an Interim Application to amend the Plaint challenging the permanent anti-suit injunction granted by the Singapore Court. Several other Interim Applications, including one by Defendant No.2 to reject the Plaint under Order 7 Rule 11 of the Code of Civil Procedure, are also pending. These applications are scheduled for a hearing on 8th December, 2021 at 2:30 p.m., along with the main Interim Application.
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