Padayachy v Seychelles Hindu Kovil Sangam (109 of 2010) [2010] SCSC 58 (31 March 2010)
The court was satisfied of the extreme urgency and imminent risk, justifying the grant of an interim injunction to restrain the Respondent from conducting the Annual General Meeting until further orders.
Source-derived case information.
- Citation
- [2010] SCSC 58
- Parties
- Applicant/plaintiff: Arnandan Padayachy; Respondent/defendant: Seychelles Hindu Kovil Sangam
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Case Number
- 109 of 2010
- Procedural Posture
- Civil / Interlocutory Application for Injunction
- Outcome
- Application granted
- Legal Topics
- Interim Injunction, Annual General Meeting, Status Quo
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Arnandan Padayachy
Applicant/plaintiff
Seychelles Hindu Kovil Sangam
Respondent/defendant
Procedural Posture
Civil / Interlocutory Application for Injunction
Legal Issues
- 1 Whether to grant an interim injunction restraining the Respondent from conducting the Annual General Meeting
Ratio Decidendi
The court was satisfied of the extreme urgency and imminent risk, justifying the grant of an interim injunction to restrain the Respondent from conducting the Annual General Meeting until further orders.
Court Disposition
Application granted
Orders
- Interim injunction restraining the Respondent from conducting the Annual General Meeting as advertised for 2nd April, 2010, or at any other place within the court's jurisdiction, is issued to maintain the status quo.
- The injunction remains in force until further order of the court.
Full Case Text
Judgment text and source record
1 paragraphs
1 IN THE SUPREME COURT OF SEYCHELLES ARNANDAN PADAYACHY Applicant/Plaintiff Of Maldives, Mahe, Seychelles VS. SEYCHELLES HINDU KOVIL SANGAM Respondent/Defendant Of Quincy Street, Victoria Mr. J. Camille for the Petitioner/Plaintiff Mr. D. Sabino for the Respondent/Defendant ORDER Gaswaga, J Civil Side No. 109 of 2010 Being satisfied, from the evidence on record and by the submissions of Mr. J. Camille, counsel for the Applicant/Plaintiff and of Mr. D. Sabino for the Respondent/Defendant, of the extreme urgency of the present application and the imminent Annual General Meeting to be held on 2nd April, 2010, I grant the application. It is accordingly ordered that: i) An injunction restraining the Respondent from conducting the Annual General Meeting as advertised in the Seychelles Nation Daily Newspaper for Friday 2nd April, 2010 at 2:00pm at an unannounced venue or at any other place within the jurisdiction of this court be issued so that the status quo is maintained. The said interim injunction is issued at the peril and risk of the Applicant and is to remain in force until further ordered by this court. Notice is to be given to all the parties concerned and the matter is to be mentioned on the 9th day of April, 2010 at 9:00am when the Respondent/Defendant will have filed a response to the application. D. GASWAGA JUDGE Dated this 1st day of April, 2010.