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High Court of Karnataka Considers Cross-Appeals in Suit for Specific Performance and Injunction — Interim Relief Sought Under CPC and Commercial Courts Act. The suit concerned enforcement of a Negative Lien Letter and personal guarantees, with the plaintiff bank seeking to restrain alienation of assets.

The case involves cross-appeals arising from a commercial suit filed by Bank of Baroda against Dr. Bavaguthu Raghuram Shetty and Dr. Chandrakumari Rag...

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Bombay High Court Dismisses Winding Up Petition for Time-Barred Debt Under Companies Act, 1956. Claim for Goods Supplied in 2006-2007 Held Barred by Limitation as Petition Filed Beyond Three Years from Last Payment in 2011.

The petitioner, Nasir Amin Hungund, filed a winding up petition under Section 433(e) of the Companies Act, 1956 against M/s. Glasspaane Aluminium (I) ...

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High Court of Karnataka Dismisses Winding-Up Petition in Company Dispute Over Disputed Debt Under Sections 433(e) and (f) of Companies Act, 1956. Arbitral Award Debt of Rs.15 Lakh Contested on Grounds of Bona Fide Defence and Set-Off, Held Not Sufficient for Winding Up.

The petitioner, Nuziveedu Seeds Private Limited (now NSL Renewable Power Private Limited), filed a company petition under Sections 433(e) and (f) read...

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Bombay High Court Dismisses Winding Up Petition Against Listed Company in Reverse Factoring Dispute. Debt disputed in bona fide manner and company is solvent, hence winding up not justified under Sections 433(e) and (f) of Companies Act, 1956.

The petitioner, SBI Global Factors Ltd., a financial institution, filed a winding up petition under Sections 433(e) and (f) read with Sections 434(1)(...

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Company Appeal (AT) (Insolvency) No. 1422 of 2024

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Supreme Court Allows Appeal of SBI Consortium in Corporate Guarantee Dispute Under IBC. Corporate Guarantees Executed by Corporate Debtor Constitute Financial Debt Under Section 5(8) of IBC, 2016, and Are Enforceable Despite Timing and Stamping Objections.

The Supreme Court allowed the appeal filed by the Appellant Consortium against the order of the National Company Law Appellate Tribunal (NCLAT) which ...

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Bombay High Court Dismisses Claims for Damages Against Plaintiff for Wrongful Arrest of Cargo in Admiralty Suit — Undertaking Under Rule 941 of Bombay High Court (OS) Rules Not Enforceable After Suit Withdrawal Without Adjudication on Merits.

The Plaintiff, Navbharat International Ltd., filed an admiralty suit and obtained an ex-parte order dated 12th January 2010 for arrest of cargo on boa...