Plaint Liable To Be Rejected When Relief Sought Is To Restrain Defendant From Initiating Prosecution Against Plaintiff: Supreme Court

Plaint Liable To Be Rejected When Relief Sought Is To Restrain Defendant From Initiating Prosecution Against Plaintiff

Case: Frost International Limited v. Milan Developers And Builders (P) Limited And Anr.

Corum: Justices M.R. Shah and B.V. Nagarathna

Case No.: Criminal Appeal No. 1689 of 2022

Court Observation: “On a holistic reading of the plaint and on consideration of the reliefs sought by the plaintiff, we find that the said reliefs are barred by law inasmuch as no plaintiff can be permitted to seek relief in a suit which would frustrate the defendants from initiating a prosecution against plaintiff or seeking any other remedy available in law.”

Frost-International-Limited-v.-Milan-Developers-And-Builders-P-Limited-And-Anr.-3-April-1Download

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Keywords

Restrain Defendant, Prosecution Against Plaintiff

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