M/S. Paramount Bearing and Industrial Products v. AB SKF

1. Mr. Uttam Datt, learned Senior Counsel appearing for the appellants restricted his challenge in this appeal to the orders dated 10 September 2025, 10 October 2025 and 16 October 2025 passed by the learned Single Judge to the extent they have directed freezing of his bank accounts.

2. He submits that the direction for freezing of bank accounts is in the nature of an order under Order XXXVIII Rule 5 of the CPC which is not supported with the requisite reasoning. FAO(OS) (COMM) 181/2025

3. Having heard learned Counsel for both sides, with consent of parties, we dispose of this appeal by setting aside the impugned orders dated 10 September 2025, 10 October 2025 and 16 October 2025 to the extent they direct freezing of the appellants’ bank accounts.

4. However, as Mr. Khan, learned Counsel for the respondents, apprehends that the appellants may divert their moneys if their accounts are defreezed, and it may become impossible to recover anything from them, we direct the parties to appear before the learned Single Judge on 19 November 2025. We request the learned Single Judge to pass a fresh order on the prayer for freezing of the bank accounts.

5. We make it clear that we have not expressed any opinion one way or the other on the merits of the said prayer and it would be open to the learned Single Judge to take an appropriate view in that regard. We have not examined any other aspect of the matter and this order is passed without prejudice to all other contentions available to the parties.

6. The appeal is disposed of in the aforesaid terms.

7. Dasti.

C. HARI SHANKAR, J.

OM PRAKASH SHUKLA, J. NOVEMBER 11, 2025