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The injunction
The injunction
This is an application by Beck Interiors Ltd for an injunction in terms that:
The Defendant in an intended action, that is Eros Limited, be restrained from issuing any notice of adjudication against the Claimant unless the Defendant first obtains the permission of a judge authorised to sit in the Technology and Construction Court, and
That the Defendant must forthwith withdraw the notices of adjudications dated 17 May 2024, 21 May 2024, 28 May 2024 and 30 May 2024, initiated against the Claimant.
The prospect of an injunction was first raised by letter to the Court, with the application and supporting witness statement, on 21 June. An urgent hearing was sought with a time estimate of seven hours, that is approximately 1½ days. It has become apparent on the hearing of this application that the reasoning behind that lengthy time estimate was a desire to examine on this application the merits of the claims made in adjudication by Eros and which the injunction seeks to bring to an end. The matter having been referred to the judge in charge, this hearing was listed with a reasonable time estimate of three hours which has nonetheless been slightly exceeded in argument and further time to give judgment has been added.
As yet, no proceedings have been issued and the application must, by definition therefore, be for an interim injunction rather than a final injunction. Nonetheless, in this case that distinction is effectively meaningless. If granted, the injunction would bring four extant adjudications to an end, and would prohibit the commencement of any further adjudications by Eros without the permission of the Court.