INDIA Law and Practice Contributed by: Vijayendra Pratap Singh, Asif Ahmed, Tanmay Sharma and Bhanu Jindal, AZB & Partners
dency of trial. Such property may be directed to be released/restored to the claimant either dur - ing the pendency of investigation/trial or after conclusion of the trial. Civil Law Remedies for Violation of an Injunction Violation of the aforementioned orders granting an interim injunction would amount to contempt of court by the opposite party, and is punish - able with civil imprisonment and/or a fine. The court would also be entitled to attach the prop - erty of the violating party. Further, the court may also declare any transaction in violation of such orders null and void. Criminal Law Remedies for Violation of an Injunction Under the BNS, any fraudulent removal or dis - sipation of assets to prevent a property from being forfeited for the satisfaction of an order or a decree that has been passed, or that is likely to be passed, is punishable by imprisonment of up to two years or a fine, or both. Cross-Undertakings In general, there is no statutory requirement for the claimant to give a cross-undertaking in dam - ages, with the exception of patent suits filed in New Delhi. However, the courts (while keeping in mind equitable principles) or the arbitral tribunal (by way of the principles governing commercial arbitrations) may require a cross-undertaking to be given by a claimant to indemnify the losses suffered by a party on granting of an injunction against it, if such party ultimately succeeds in its defence. Further, while granting an injunction or an interim relief, a court can put parties to terms and direct a deposit of an amount it deems suit - able till the time the issue is adjudicated.
Under Section 144 of the CPC, where any order is subsequently varied, reversed or modified, a party can apply to the court for restitution of its position to before the making of such an order, which could include refund of costs and pay - ment of interest, damages and compensation. 2. Procedures and Trials 2.1 Disclosure of Defendants’ Assets Criminal Proceedings With respect to criminal actions, under Sec - tion 94 of the BNSS (Section 91 of the CrPC), a court or a police officer has wide powers to compel a person, through a written notice, to produce any “document or other thing” that is considered necessary or desirable in respect of the fraudulent act, during the stage of investiga - tion, inquiry or trial. Notably, Section 94 has been amended to vest power with a law enforcement agency to seek production of communication devices containing digital evidence. The person may be compelled to disclose documents in relation to assets held by themselves as well as by nominees on their behalf. Omission to pro - duce documents or electronic records before a public servant may be punishable with simple imprisonment for a term which may extend to one month and a fine of up to INR5,000. If such omission is to produce documents or electronic records before a court, this may be punishable with simple imprisonment of up to six months and a fine of up to INR10,000. Civil Proceedings In civil proceedings, a claimant may make an application to a court to seek discovery, inspec - tion and admission of certain documents in the control of the opposite party. Furthermore, where the court is satisfied that, in the usual course of business, assets of the opposite party are held
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