AYAN CHATTERJEE versus FUTURE TECHNOLOGY FOUNDATION INC. & ORS.

Findings in interlocutory proceedings are only prima facie, do not affect merits of the civil suit, and the trial court will decide the suit uninfluenced by earlier findings; any further action such as penal proceedings can be decided upon final determination of the suit.

Parties: Appellant/defendant No. 2: Ayan Chatterjee; Respondent No. 1/plaintiff: Future Technology Foundation Inc.; Respondent No. 2/defendant No. 1: Defendant No. 1; Respondent No. 3/defendant No. 3: Defendant No. 3
Jurisdiction: India
Judgment Date: 18 April 2017
Procedural Posture: Civil Appeal / Final Disposition of Appeal Against High Court Interlocutory Order
Outcome: Appeal disposed of
Legal Topics: Interlocutory Orders, Injunctions, Status Quo Orders, Fabrication of Evidence, Section 340 Cr PC, Section 196 IPC

Civil Procedure Interlocutory Orders Injunctions Status Quo Orders Fabrication of Evidence Section 340 Cr PC Section 196 IPC

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Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Ayan Chatterjee

Appellant/defendant No. 2

Future Technology Foundation Inc.

Respondent No. 1/plaintiff

Defendant No. 1

Respondent No. 2/defendant No. 1

Defendant No. 3

Respondent No. 3/defendant No. 3

Procedural Posture

Civil Appeal / Final Disposition of Appeal Against High Court Interlocutory Order

Legal Issues

1 Effect and nature of findings in interlocutory injunction proceedings
2 Whether High Court could direct complaint under Section 340 CrPC based on prima facie findings in interlocutory stage

Ratio Decidendi

Court Disposition

Appeal disposed of

Orders

Civil suit to be decided by the trial court uninfluenced by findings in interlocutory proceedings within one year.
Parties to appear before the trial court as directed.