Seeking injunctive relief in a timely manner is necessary to prevent the respondent from taking any step which cannot be recovered from

• File a petition seeking injunctive relief where there is a genuine fear that the defendant / respondent may take an action which would render the final judgment ineffective
• Petition shall be supported by documents evidencing defendant / respondent’s default and the likelihood that the anticipated action can be carried out without any obstacles
• Injunctive relief sought from the Competent Court should be available under the laws of Oman
• Defendant / respondent effected by the injunctive relief has the right to file an appeal

Many litigants fear that the defendant / respondent may, post initiation of legal proceedings, perform such actions which would render the final judgment / relief ineffective. For instance, plaintiff / petitioner may fear that the defendant / respondent may alienate the assets during the pendency of legal proceedings to avoid the enforcement of final judgment for realization of debt through sale of assets. For such and like scenarios, Law of Civil and Commercial Procedures (Royal Decree 29/2002) (“CCP”) allows the plaintiff to file an urgent petition before the court of first instance (Primary Court, Commercial Section) (“Competent Court”) seeking issuance of an injunctive order barring the defendant / respondent from taking a step which would cause irreparable harm to plaintiff’s rights (Article 190; CCP).

Ingredients for seeking Injunctive Relief:

An injunctive order can generally be obtained where:

1. Plaintiff / petitioner establishes prima facie right existing under the laws of Oman; and
2. Demonstrates genuine threat posed by an anticipated action of defendant / respondent which is likely to render the final judgment unenforceable.

The foregoing ingredients will need to be substantiated through detailed information supported by documents evidencing defendant / respondent’s default and the likelihood that the anticipated action can be carried out without any obstacles.

Generally, a judge may not issue an injunctive order except in the cases specified by the law and in the narrow framework without expansion (Decision No. 15 in Appeal No. 98/2004).

Probable Actions:

CCP lists various actions that can be ordered by the Competent Court against the defendant / respondent where the request of the plaintiff / petition is deemed tenable, some of which are listed below:

• Where the main claim pertains to a financial dispute, injunctive relief may be granted to bar the defendant / respondent (debtor) from alienating its assets and to freeze bank accounts etc.;
• Require a third-party owing money to defendant / respondent to deposit the same in Competent Court’s account. However, such third party should be identified by the plaintiff / petitioner following the issuance of final judgment;
• Restrict the defendant / respondent or the authorized signatories, where the defendant / respondent is a juristic entity, from leaving the jurisdiction of Oman until the case is finally decided.

Additionally, other injunctive measures can be sought against the defendant / respondent provided such measures are provided for in the laws of Oman, such as:

• Appointment of administrator to guard the assets by placing them under an administrator’s supervision and management (Civil Transactions Law (Royal Decree 19/2013));
• Precautionary measures may be ordered against the properties of the defendant / respondent where bankruptcy proceedings are initiated by the plaintiff / petitioner (Bankruptcy Law (Royal Decree 53/2019));
• Arrest of vessel on account of maritime debt where it is expected that the vessel may leave territorial waters of Oman (Maritime Law (Royal Decree 35/1981)).

Right of Appeal:

It is pertinent to note that the defendant / respondent against whom an injunctive relief may be granted has not been left remediless under the law as the said defendant / respondent has the right to file an appeal against the decision as per the normal procedure provided for in the CCP. It was observed by the Supreme Court that the judgments that are issued on urgent / emergency petitions are treated similar to those issued in the substantive lawsuit and may be appealed against (Decision No. 85 in Appeal No. 53/2005).

While it may not be straight forward to obtain injunctive relief from the Competent Court as the power to issue an injunctive order is exercised cautiously by the Competent Court, nonetheless, the availability of the interim relief proves significant in certain cases to ensure that the final judgment of the court remains enforceable against the judgment debtor.

Also, not only does the injunctive relief protect you from irreparable harm but it also entices the other party to act promptly as its position is also affected by the order from the time it is passed.

Readers are advised to contact the legal advisor for fact specific information or opinion.

NOTE: This note has been prepared for informational purposes only to give the readers a general idea about the injunctive orders which may be obtained under the laws of Oman.