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High Court

Bombay High Court Dismisses Promoter's Challenge to Pledge of Shares During Lock-In Period — Pledge Held Valid as Lock-In Restricts Transfer of Title, Not Interest. Court Rules That Pledge Under Section 172 of Contract Act Does Not Violate SEBI ICDR Regulations, 2009.

5 Nov 2014

The plaintiff, Kannan Vishwanath, a promoter and managing director of Dr. Datson Labs Limited, filed a suit and notice of motion seeking a declaration...

High Court

Bombay High Court Grants Interim Injunction in Pledge Dispute Over Shares. Court Restrains Transfer of Pledged Shares and Orders Deposit of Surplus Sale Proceeds Pending Suit.

5 Feb 2014

The Plaintiff, Pushpanjali Tip Up Pvt. Ltd., filed a suit against Mrs. Renudevi Choudhary and others concerning shares pledged as security for loans. ...

High Court

Bombay High Court Hears Suit for Redemption of Pledged Securities After Loan Default; Plaintiffs Abandoned Main Claim of Transfer Agreement. Pledge Agreement Clause 14(ii) Notice and Default by Pledgor Form Core of Dispute Over Shares of Sesa Sterlite.

5 Jan 2018

The suit was filed by Harinarayan G. Bajaj and others against Reliance Capital Limited and Sesa Sterlite Limited. Plaintiffs borrowed a total of Rs.10...

High Court

Bombay High Court Validates Pledge and Transfer of Shares by Company in Liquidation Under Section 536(2) of Companies Act, 1956 — Transaction Held to Be for Benefit of Company and Creditors. Post-petition pledge of shares as security for raw material supply and subsequent transfer validated as bona fide and in ordinary course of business.

22 Jul 2015

The judgment concerns an application filed by Garware Marine Industries Limited (the Applicant) seeking validation under Section 536(2) of the Compani...

High Court

Bombay High Court Allows Appeal Against Rejection of Interim Injunction in Commercial Suit for Specific Performance of Share Pledge Agreement. Court holds that a prima facie case for specific performance of a contract to create a pledge is made out when the contract is clear and the plaintiff has performed its obligations.

23 Jun 2022

The appellant, World Crest Advisors LLP, filed a Commercial Suit against Catalyst Trusteeship Ltd and others seeking specific performance of a share p...

High Court

Bombay High Court Dismisses Appeal in Share Dispute Case — Upholds Trial Court's Refusal of Interim Injunction. Court held that the appellants failed to establish a prima facie case for restraining the pledge of shares, as the shares were not proved to be held in a fiduciary capacity.

30 Nov -0001

The case involves a dispute between two branches of the Arya family over shares of Arya Iron & Steel Co. Pvt. Ltd. The appellants, Ravi Arya and other...

High Court

Bombay High Court Allows Appeal Against Dismissal of Interim Injunction in Share Dispute Case. Court Restrains Transfer of Shares Allegedly Misappropriated Pending Suit, Holding That a Prima Facie Case of Fraud and Breach of Trust Was Made Out.

12 Jun 2014

The appellant, Pushpanjali Tie Up Pvt. Ltd., filed a suit alleging that respondent No.1, Renudevi Choudhary, and respondent No.2, Ekta Choudhary (her ...

Supreme Court

Supreme Court Allows Appeal in Insolvency Case Regarding Security Interest and Pledge of Shares — NCLAT Order Set Aside. The Court held that the Corporate Debtor's creation of security by way of pledge of shares of its subsidiary in favour of the appellants constituted a valid security interest under the Insolvency and Bankruptcy Code, 2016, and the moratorium under Section 14 does not bar the enforcement of such security by a secured creditor.

24 Aug 2020

The present appeal arises from an order of the National Company Law Appellate Tribunal (NCLAT) dated 24.08.2020, which dismissed the appeal filed by t...

High Court

High Court of Judicature at Bombay Allows Appeals and Sets Aside Interim Injunction Protecting Non-Disposal Shares — Holds that Non-Disposal Agreement Shares were Meant to Secure Recompense Obligation under Loan Purchase Agreement for Shortfall after Sale of Pledged Shares. Assignment of Loan Did Not Extinguish the Loan Purchase Agreement and the Bank Could Enforce the NDA to Recover Shortfall.

3 Dec 2015

The appeals arose from a suit filed by United Breweries (Holdings) Limited (UBHL) and Kingfisher Finvest (India) Limited against ICICI Bank Limited an...

High Court

Bombay High Court Dismisses Widow's Claim Over Shares in Favor of Nominee Under Section 109A Companies Act — Nomination Confers Beneficial Ownership on Nominee to the Exclusion of Legal Heirs

20 Apr 2010

The plaintiff, Harsha Nitin Kokate, married Nitin Kokate on 3 December 2004. Her husband expired on 5 July 2007. Nitin Kokate held shares in a demat a...

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