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Search Results for "bank guarantees"

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High Court

High Court of Karnataka Hears Writ Petition on Removal from TPE Caution List: Alleged Violation of Natural Justice and Procedural Guidelines. Court Reserves Orders after Considering Petitioner's Grievance Regarding Inclusion in Caution List Without Proper Forum Evaluation.

24 Feb 2026

The petitioner, a chartered engineer and government-approved valuer, filed a writ petition under Articles 226 and 227 of the Constitution of India see...

Supreme Court

Supreme Court Dismisses Contempt Petitions for Alleged Wilful Disobedience of Earlier Judgment in SARFAESI Auction Dispute — No Contempt Made Out as Subsequent Transfers Were Not in Breach of Court Orders. The Court held that the earlier judgment did not contain any specific direction restraining transfers, and the respondents had acted under colour of subsequent orders from the DRT and High Court.

13 Dec 2024

The Supreme Court dismissed contempt petitions filed by Celir LLP, the successful auction purchaser, alleging wilful disobedience of its earlier judgm...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Case — Settlement Agreement Bars Fresh Claims. NTPC's appeal succeeds as the Settlement Agreement dated 27.05.2020 operated as a full and final settlement, extinguishing all disputes under the contract, and the subsequent arbitration application under Section 11(6) of the Arbitration and Conciliation Act, 1996 was an abuse of process.

10 Apr 2023

The present appeal arises out of a decision of the High Court of Delhi allowing the Respondent's application under Section 11(6) of the Arbitration an...

High Court

Bombay High Court Quashes FIR Against Bank and Employees in Loan Dispute — Dispute Held Purely Civil, No Prima Facie Case of Cheating or Criminal Breach of Trust. Allegations of Forgery and Use of Forged Documents Also Not Made Out, FIR Quashed Under Section 482 CrPC.

2 Aug 2022

The judgment arises from two writ petitions filed by ICICI Bank Ltd., its employees (Zarin Daruwala, Girish Nayak, Arati Ramakrishnan, Vipul Parmar, K...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Injunction Bank Guarantees in Arbitration Dispute. Performance Guarantees Are Independent Contracts and Cannot Be Restrained Except in Case of Fraud or Irretrievable Injustice.

9 Jun 2015

The appellant, M/s S. Satyanarayana & Co., a partnership firm, was awarded a contract by respondent no.1, M/s West Quay Multiport (Private Limited), f...

High Court

Bombay High Court Dismisses Bank's Petition Challenging Arbitral Award in Counter Guarantee Dispute. Claim Barred by Limitation and Failure to Prove Invocation of Guarantee.

11 Mar 2015

The petitioner, Punjab and Maharashtra Co-op. Bank Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging ...

High Court

Bombay High Court Grants Interim Injunction Restraining Bank from Enforcing Guarantee and Pledge Against Company Pending Company Law Board Proceedings. Alleged Fraudulent Assumption of Liability by Directors Without Shareholder Consent Raises Serious Questions to be Tried.

15 Jul 2013

The applicant, Rajinder Kumar Malhotra, filed an application in a pending company appeal seeking an interim injunction to restrain HDFC Bank from reco...

High Court

High Court of Bombay Restrains Bank from Honoring Bank Guarantee Invocation After Completion of Contract — Invocation Held Invalid as Guarantee Ceased to Be Operative. The court held that the bank guarantee had ceased to be operative upon completion of the contract as certified by the Independent Engineer, and the beneficiary's invocation was not in terms of the guarantee.

12 Apr 2013

The plaintiff, M/s. ABG Kandla Container Terminal Ltd., filed a suit seeking declarations that a bank guarantee had ceased to be operative and that th...

High Court

Bombay High Court Dismisses Plaintiff's Suit for Recovery Due to Prior Arbitration Awards. The court held that the suit is barred by res judicata as the same claims were already adjudicated in arbitration proceedings under the Arbitration Act, 1940.

26 Sep 2012

The plaintiff, Unique Integrated Transport & Management Consultancies Pvt. Ltd., filed a suit against Mahanagar Telephone Nigam Ltd. (MTNL) and its of...

High Court

Bombay High Court Allows Writ Petition Challenging Injunction Against Bank Guarantee Encashment — Appellate Court's Order Set Aside for Failure to Establish Fraud or Special Equities. The court held that an injunction against bank guarantee can only be granted in exceptional circumstances of fraud or special equities, and the appellate court erred in granting such relief without proper findings.

23 Jun 2005

The petitioner, Man Industries India Ltd., challenged the order of the 6th Adhoc Additional District Judge, Pune, in Miscellaneous Appeal No.150 of 20...

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