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Search Results for "invocation notice"

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High Court

High Court Appoints Arbitrator and Grants Interim Relief in Loan Default Case Under Arbitration and SARFAESI Acts. Applicant Secures Protection for Mortgaged Property in Dispute with Respondents

2 Feb 2026

The High Court of Bombay heard two connected applications filed by Tata Capital Housing Finance Limited against Inderjeet Sahni and others. The first ...

High Court

Bombay High Court Allows Commercial Arbitration Application Under Section 11 of Arbitration and Conciliation Act, 1996 — Loan Agreement Contains Valid Arbitration Clause. Court Appoints Sole Arbitrator to Adjudicate Dispute Over Unpaid Loan Amount of Rs. 1,50,00,000.

28 Jul 2023

The applicant, Aditya Birla Finance Ltd., filed an application under Section 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of ...

High Court

High Court of Bombay Restrains Invocation of Bank Guarantee in Contract Dispute Due to Disputed Claims and Absence of Clear Forfeiture Clause. The court held that an unconditional bank guarantee can be restrained only in cases of fraud or irretrievable injustice, but where the guarantee is not encashed and the dispute is pending, interim protection can be granted to maintain status quo.

5 Nov 2020

The petitioner, M/s. Cipel, a construction company, filed a writ petition under Article 226 of the Constitution of India before the High Court of Judi...

High Court

Bombay High Court Dismisses Petition to Restrain Bank Guarantees in Construction Contract Dispute. Court holds that invocation of bank guarantees cannot be injuncted except in cases of fraud or irretrievable injustice, and no such case was made out.

2 Apr 2019

The petitioner, Ahluwalia Contracts (India) Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking interim reli...

High Court

Bombay High Court Dismisses Appeal for Leave to File Appeal Against Judgment in Commercial Suit Due to Lack of Locus Standi and Unexplained Delay. The court held that the appellant, not being a party to the suit, had no right to challenge the judgment and that the delay of 120 days was not satisfactorily explained.

6 Sep 2018

The judgment concerns an application for leave to appeal and condonation of delay filed by Ahluwalia Contracts (India) Ltd. (ACIL) against a judgment ...

High Court

High Court of Bombay Restores Injunction Against Invocation of Letter of Credit in Software Purchase Dispute. Fraud and Non-Compliance with Letter of Credit Terms Established as Grounds for Restraining Payment.

5 Jun 2017

The appellant, M/s Plazma Technologies Pvt. Ltd., filed a suit for perpetual injunction against the respondents, including JSM Technologies and others...

High Court

Bombay High Court Restrains Invocation of Performance Guarantee in Arbitration Dispute — Finds Prima Facie Case of Fraud and Irretrievable Injustice. Section 9 of Arbitration and Conciliation Act, 1996 invoked to protect petitioner's interests pending arbitration.

9 Jan 2017

The petitioner, Larsen & Toubro Limited (L&T), filed an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking in...

High Court

Bombay High Court Allows Appeal Against Ad-Interim Order Restraining Invocation of Performance Bank Guarantee — Directs Bank to Pay Proceeds to Beneficiary Without Third-Party Deposit Condition. The court held that a bank guarantee is an independent contract and cannot be restrained except in cases of fraud or irretrievable injustice; directing deposit in a third-party account is impermissible.

20 Jun 2016

The present appeal was filed by Larsen & Toubro Limited (L&T), the original plaintiff, challenging an ad-interim order passed by a learned Single Judg...

High Court

Bombay High Court Grants Interim Injunction Restraining Invocation of Bank Guarantee in Supply Contract Dispute. Prima Facie Fraud and Irreparable Injury Established by Plaintiff Supplier Against Beneficiary.

18 Mar 2014

The plaintiff, M/s. Arad Metering Technologies Ltd., filed a suit seeking a restraint order against Defendant No.1, Axelia Utility Management Pvt. Ltd...

High Court

Bombay High Court Dismisses Appeal Against Injunction in Bank Guarantee Invocation Dispute. Fraud Must Be Established at Invocation Stage; Bank Guarantee Is Independent Contract Between Bank and Beneficiary.

21 Nov 2012

The appellant, M/s. ABG Ports Limited, filed a suit seeking a declaration that the Joint Bid Agreement (JBA), the Counter Guarantee, and its invocatio...

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