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of <h1>Court grants liberty for additional relief, registers suit, issues summons, and grants injunction against asset disposal. Declaration of securities' nullity.</h1> <h3>S.A.R.E. Public Company Limited Through Its Receiver Mr. Augoustinos Papathomas Versus Avon Infracon Pvt. Ltd. & Ors.</h3> S.A.R.E. Public Company Limited Through Its Receiver Mr. Augoustinos Papathomas Versus Avon Infracon Pvt. Ltd. & Ors. - TMI Issues:1. Application seeking liberty to seek additional relief and institute other proceedings.2. Registration of the plaint as a suit and issuance of summons.3. Application for ex parte ad interim injunction restraining defendants from disposing of assets.4. Suit seeking declaration of securities as null and void due to breach of agreement.Analysis:1. The first issue involves an application filed under Order 2 Rule 2 CPC seeking liberty to seek additional relief and institute other proceedings against the defendants. The application was allowed by the court, granting the petitioner the liberty to seek further relief as permissible under the law.2. The second issue pertains to the registration of the plaint as a suit and issuance of summons. The court directed the plaint to be registered as a suit, and summons were ordered to be issued to the defendants by ordinary process and speed post, returnable on a specified date in January 2019.3. The third issue revolves around an application filed under Order 39 Rule 1 and 2 CPC seeking an ex parte ad interim injunction restraining defendants from pledging, mortgaging, or disposing of their assets without permission. The court granted the injunction, restraining defendants from creating any encumbrance on their assets, shares, or properties until the next hearing date.4. The fourth issue involves a suit seeking a declaration that securities and documents created by the defendants are null and void due to a breach of agreement. The plaintiff argued that the defendants were prohibited from creating any liens or encumbrances on their properties as per a prior agreement. The court found merit in the plaintiff's case and restrained defendants from creating any encumbrances until the next hearing, directing the plaintiff to comply with procedural requirements within three days.This comprehensive analysis of the judgment highlights the key issues addressed by the court and the corresponding decisions made in each instance, ensuring a thorough understanding of the legal proceedings and outcomes.
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