Jasmohan Singh & Ors vs Dr Jang Bahadur Singh & Ors on 10 May, 2016

1. By the present application, respondent No.1 seeks recall of
order dated 17.03.2015.

2. The appellants had filed the present appeal impugning order
dated 12.03.2015 whereby the learned Single Judge had held that a

FAO(OS) 124/2015 Page 1 of 7
prima facie case emerged that the transfer of shares or execution of
Share Transfer Form, would purport to transfer shares in an Indian
Company, which would contravene a number of Indian Statutes. Such
action, it was held, would be against the public policy of India. The
balance of convenience was held to lie in favour of the plaintiff
(respondent No.1) and against the enforcement or implementation of
the orders of the Massachusetts Superior Court dated 06.10.2014 and
05.03.2015, insofar as they relate to Indian Companies and shares
held in them. The learned Judge was of the view that a case had been
made out for grant of an ex parte ad interim injunction against the
appellants restraining them from executing/enforcing the orders dated
06.10.2014 and 05.03.2015 against the plaintiff (respondent No.1)
before the Courts outside India including the Superior Court of
Massachusetts and other Courts/judicial fora in the USA.

Source: Indian Kanoon

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