JASBIR SINGH RAI,IQBAL SINGH RAI, DALJITI KAUR HANS & SARJIT KAUR RAI V. TARLOCHAN SINGH RAI ,JASWANT SINGH RAI, SARBJIT SINGH RAI, RAI INVESTMENTS LIMITED, RAI PLYWOODS (KENYA) LIMITED, RAI PRODUCTS LIMITED, RAI HOLDINGS LIMITED, TULIP PROPERTIES LIMITED, RAI EXPO PARK LIMITED, TARLOCHAN SINGH RAI LIMITED, SATJIT SINGH & RAM SINGH (ESTATE OF) , PBM NOMINEES LIMITED, KABARAK LIMITED & SURESH KUMAR BECTOR

RULING OF THE COURT

Whilst Mr. Oraro was responding to the very lengthy and erudite submissions by Mr. Inamdar in support of this appeal, Mr. Nowrojee who appears for the 11th respondent objected to Mr. Oraro referring to two portions of the ruling appealed against, and asking this Court to accept one portion thereof as more correct than the other. We will set out what the learned Commissioner said in the two instances before proceeding further. On page 13 of his ruling the learned Commissioner said:

In the petition before me there are extensive and serious allegations of f raud on the part of the respondents and particularly Father and Jaswant which for the purposes of both application must be taken to be such that they are likely to succeed at the hearing."

At page 22 of his ruling learned Commissioner adopts as correct as passage in the English case of North Holdings Limited v. Southern Tropics Limited and others , Case No. 98/1203 (unreported) (the Kasmare case). The passage reads:

"I…