https://www.taxtmi.com/caselaws?id=443450 An anti-enforcement injunction against a foreign anti-suit order is an equitable remedy governed by the settled three-fold injunction test of prima facie case, irreparable injury and balance of convenience. For that limited inquiry, the court may only ask whether the NCLT petition on its face concerns oppression and mismanagement; it should not decide in detail whether the petition is a dressed-up attempt to avoid arbitration, as that would encroach on the NCLT's exclusive domain. Because oppression and mismanagement disputes are non-arbitrable under Indian law and fall within the NCLT's exclusive jurisdiction, restraining resort to that forum would undermine the only effective domestic remedy and Indian public policy. en-us Mon, 11 Sep 2023 00:00:00 +0530 Fri, 22 Sep 2023 11:26:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=443450 An anti-enforcement injunction against a foreign anti-suit order is an equitable remedy governed by the settled three-fold injunction test of prima facie case, irreparable injury and balance of convenience. For that limited inquiry, the court may only ask whether the NCLT petition on its face concerns oppression and mismanagement; it should not decide in detail whether the petition is a dressed-up attempt to avoid arbitration, as that would encroach on the NCLT's exclusive domain. Because oppression and mismanagement disputes are non-arbitrable under Indian law and fall within the NCLT's exclusive jurisdiction, restraining resort to that forum would undermine the only effective domestic remedy and Indian public policy. Case-Laws Companies Law Mon, 11 Sep 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=443450