Court can treat the alienation/assignment as having not taken place at all for it purposes if alienation is made defiance of the restraint order
Reliance has been placed by Mr. Gupta on Surjit Singh v. Harbans Singh [AIR 1996 SC 135 : (1995) 6 SCC 50] wherein this Court opined: "4...In defiance of the restraint order, the alienation/assignment was made. If we were to let it go as such, it would defeat the ends of justice and the prevalent public policy. When the Court intends a particular state of affairs to exist while it is in seisin of a lis, that state of affairs is not only required to be maintained, but it is presumed toexist till the Court orders otherwise. The Court, in these circumstances has the duty, as also the right, to treat the alienation/assignment as having not taken place at all for its purposes..."
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18. There cannot be any dispute with regard to the aforementioned proposition of law.
Supreme Court of India
Arjan Singh vs Punit Ahluwalia & Ors on 14 May, 2008
