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ARTICLE · 31 OCTOBER 2021

Applicability Of Mareva Injunction In India

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Mareva injunction or a freezing injunction finds its basis in the English law, wherein Lord Denning, in the landmark decisions of Nippon Yusen Kaisha v. Karageorgis...

IndiaLitigation, Mediation & Arbitration

I. Introduction

Mareva injunction or a freezing injunction finds its basis in the English law, wherein Lord Denning, in the landmark decisions of Nippon Yusen Kaisha v. Karageorgis1 and Mareva Compania Naviera S.A v. International Bulkcariers S.A2 granted this relief for the first time. While doing so, Lord Denning stated that:

"We are told that an injunction of this kind has never been done before. It has never been the practice of the English courts to seize assets of a defendant in advance of judgment, or to restrain the disposal of them. It seems to me that the time has come when we should revise our practice. There is no reason why the High Court or this Court should not make an order such as is asked for here."3

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