IN THE COURT OF SENIOR CIVIL JUDGE, BENGALURU
IA NO. 587/2024
IN
SUIT NO. 789/2024
IN THE MATTER OF:
Mr. Vishwanath Menon
S/o Mohandas Menon
Aged about 38 Years
#39, Deepakripa House,
2nd Main , 25th road, Nagenahalli
Bengaluru, Karnataka ----------------------------------------- APPLICANT
VERSES
Ms. Christina Jacob
D/o Paul Jacob
Aged about 31 years
#K-108, Royal Medows,
Singanehalli, Bengaluru, Karnataka ------------------------------------- RESPONDENT
APPLICATION FOR TEMPORARY INJUNCTION UNDER ORDER XXXIX
RULE 1 & 2 READ WITH SECTION 151 OF CODE OF CIVIL PROCEDURE,
1908
MOST RESPECTFULLY SHOWETH:
1. The Applicant has initiated a legal action seeking a declaration of partnership and a final
settlement of accounts against Ms. Christina Jacob, which is presently pending before this
Honorable Court. This suit is grounded in a formal partnership agreement that was
established between the parties, outlining their respective rights, obligations, and profit-
sharing arrangements. The dispute arises from the Defendant's refusal to acknowledge the
terms of this agreement, necessitating judicial intervention.
2. That, in a concerning turn of events, the Respondent has begun to hastily shift goods and
assets belonging to the business establishment, seemingly in an attempt to deprive the
Applicant of their rightful share in the partnership. This urgent action includes the
relocation of inventory, equipment, and financial assets, which are essential to the
continued operation of the business. Such conduct not only jeopardizes the financial
interest’s partnership as a whole. of the Applicant but also undermines the integrity of the.
3. That, the Applicant submits that a robust prima facie case exists in their favor, as the
matter is currently sub judice before this Honorable Court. The threat to the partnership
property is imminent and substantiated by the Defendant's actions, which reflect an intent
to dissipate or hide assets that are rightfully owned by the partnership. The Applicant has
provided documentation and evidence demonstrating the partnership's assets, along with
the Defendant's recent attempts to transfer these assets outside the jurisdiction of this
Court.
4. If a temporary injunction is not granted, the Applicant stands to suffer irreparable harm.
The misappropriation or misuse of the partnership property by the Respondent would not
only compromise the Applicant's financial interests but would also make it exceedingly
difficult, if not impossible, to determine the true value of the assets later. The loss of these
assets, which are crucial to the Applicant's business, cannot be compensated through
monetary damages, as the unique nature of the property and the ongoing business
operations are at stake.
5. That, the balance of convenience clearly favors the Applicant. Granting a temporary
injunction would serve to maintain the status quo, preserving the partnership assets and
preventing any further actions by the Respondent that could result in the dissipation or
destruction of those assets. An injunction would enable the Applicant to protect their legal
rights and interests while allowing the Court to resolve the underlying issues of the
partnership dispute without further complications.
PRAYER:
6. Therefore, in light of the urgency and the potential for irreparable harm, the Applicant
respectfully prays that this Honorable Court may:
a) issue a temporary injunction restraining the Respondent from shifting. selling, or
otherwise disposing of any goods or assets belonging to the partnership until the
final resolution of the suit;
b) any other relief that this Honorable Court deems fit and proper in the interest of
justice;
VERIFICATION
I, Mr. Vishwanath Menon, S/o Mohandas Menon, Aged about 38 Years, R/o #39, Deepakripa
House, 2nd Main , 25th road, Nagenahalli, Bengaluru, Karnataka do solemnly affirm and declare
that whatever is stated in the foregoing petition is true to the best of my knowledge and belief.
Petitioner 1
Solemnly affirmed at
On this date
Identified by .
Advocate for the Petitioner
IN THE COURT OF SENIOR CIVIL JUDGE, BENGALURU
IA NO. 587/2024
IN
SUIT NO. 789/2024
IN THE MATTER OF:
Mr. Vishwanath Menon
S/o Mohandas Menon
Aged about 38 Years
#39, Deepakripa House,
2nd Main , 25th road, Nagenahalli
Bengaluru, Karnataka ----------------------------------------- APPLICANT
VERSES
Ms. Christina Jacob
D/o Paul Jacob
Aged about 31 years
#K-108, Royal Medows,
Singanehalli, Bengaluru, Karnataka ------------------------------------- RESPONDENT
AFFIDAVIT
I, Mr. Vishwanath Menon, S/o Mohandas Menon, Aged about 38 Years, R/o #39, Deepakripa
House, 2nd Main , 25th road, Nagenahalli, Bengaluru, Karnataka, do hereby solemly affirm and
declare as under:
1. That I am applicant herein in the above said case and I am well conversant with the facts
thereof and as such I am competent to swear this affidavit.
2. That I have filed the accompanying reply to application petition under Order
XXXIX RULE 1 & 2 read with Section 151 of CPC, 1908 before this Hon'ble Court.
The contents of which have been drafted by my counsel under my
instructions and the same may kindly be read as part and parcel to this
affidavit for the sake of brevity.
3. That the contents of the affidavit have been read over to me in Kannada, which I have
understood as well.
PETITIONER 1
VERIFICATION
Verified at Bengaluru on this 31st day of October 2024 that the contents of the above affidavit are
true and correct to the best of my knowledge and nothing material has been concealed therefrom.
PETITIONER 1
