Malhotra v Malhotra

Damages – Apportionment. In the course of a dispute about the ownership of certain Indian companies, the defendants applied for an order for an inquiry as to damages under a cross-undertaking in damages given by the claimant in support of an injunction made by the English court. The Commercial Court held that, on the evidence, the claimant had not succeeded in showing that the loss allegedly suffered by the defendants had not been caused by the injunction, and therefore the application would be allowed and an inquiry would be ordered.

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