263 — ค่าสินไหมทดแทนจากวิธีการที่ไม่ชอบ

คำแปลภาษาไทย

Where the court has granted an application for a provisional measure under this Title, the defendant who is bound by that measure may, within thirty days from the date of the judgment of the court that ordered the provisional measure, apply to the court of first instance for an order requiring the plaintiff to pay compensation to the defendant in the following cases:
(1) The court decides the case against the plaintiff, and it appears that the court made the order under the mistaken belief that the applicant's claim had merit, through the fault or negligence of the applicant.
(2) Whether the court decides the case in the plaintiff's favour or against the plaintiff, if it appears that the court made the order under the mistaken belief that such measure had sufficient reason, through the fault or negligence of the applicant.
Upon receiving an application under the first paragraph, the court has the power to order the matter to be tried as a separate file from the original case, and where, after inquiry, the court is of the view that the application can be sustained, it shall order the plaintiff to pay compensation to the defendant in such amount as it thinks fit. If the court that ordered the provisional measure was the appellate court or the Supreme Court, then, after the court of first instance has held the inquiry, it shall send the file to the appellate court or the Supreme Court, as the case may be, to rule on the application. If the plaintiff does not comply with the court's order, the court has the power to enforce against the plaintiff as though he were a judgment debtor; but where the court orders the plaintiff to pay compensation under (1), execution shall be stayed until the court has given a final judgment against the plaintiff. An order of the court of first instance or the appellate court under the second paragraph may be appealed in accordance with the provisions on appeal.

⚠︎ คำแปลนี้ยังไม่เป็นที่ทราบจากสำนักงาน — กรุณาอ้างอิงตัวบทภาษาไทยเป็นหลัก