Mareva Injunction Order With Garnishee
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FAQ
Suppose A owes Rs. 1000 to B and B owes Rs. 1000 to C. by a garnishee order the court may require A not pay money owed to him to B, but instead to Pay C, since B owes the said amount to C, who has obtained the order.
Essentials for Mareva Injunction A proper suit should be commenced. An explanation must be given as to why the court has the authority to hear the case. He should be able to prove that there is a good arguable case. He must show that there is a serious risk that even if he wins the case, the judgment will be useless.
The Anton Piller Order is an Order permissible by the Court as Injunctions of Permanent Nature. Mareva Injunction is an Injunction that is available to the party as an injunction of Temporary Nature. Both these orders are also passed together by the court in cases of the most extreme circumstances.
A garnishee order is an order passed by an executing court directing or ordering a garnishee not to pay money to judgment debtor since the latter is indebted to the Garnisher (decree-holder). It is an order of court to attach money or goods belonging to the judgment debtor in the hands of a third person.
Suppose A owes Rs. 1000 to B and B owes Rs. 1000 to C. by a garnishee order the court may require A not pay money owed to him to B, but instead to Pay C, since B owes the said amount to C, who has obtained the order.