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High Court of Karnataka Dismisses Intra-Court Appeal Against Look-Out Circulars Issued by Banks Due to Default of Rs.2800 Crores. Court Holds that Petitioner’s Concession to Banks’ Power and Pending Suits Justify Travel Restriction Under Office Memoranda.

The intra-court appeal arose from the dismissal of a writ petition that challenged two Look Out Circulars issued by Bank of Baroda and Punjab National...

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Bombay High Court Dismisses Writ Petition Challenging Bank's Possession Under SARFAESI Act — Alternative Remedy Before DRT Must Be Exhausted. Writ Petition Not Maintainable as SARFAESI Act Provides Complete Mechanism for Aggrieved Persons Under Section 17.

The petitioners, Dr. Anil Nandkishor Tibrewala and his wife, owned a flat in Mumbai. They had mortgaged the flat to Jammu and Kashmir Bank Ltd. (respo...

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CRIMINAL APPEAL NO.678 OF 2014

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Bombay High Court Dismisses Application for Return of Plaint in Summary Suit, Holds Dispute Not Commercial Under Commercial Courts Act. Assignment of Debt by Leasing Company Not an Ordinary Transaction of Financier or Trader Under Section 2(1)(c)(i) of Commercial Courts Act, 2015.

The case involves an Interim Application filed by Defendant No. 1 (Varanium Cloud Limited) seeking return of the plaint under Order VII Rule 10 of the...

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High Court of Karnataka Allows Bank's Writ Petition, Quashes Commercial Court Order Rejecting IA for Production of Documents. Court Holds That Production of Documents Under Order XI Rule 12 CPC Cannot Be Denied on Grounds of Relevance at the Stage of Filing IA.

The petitioner, The Karnataka Bank Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnat...

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Bombay High Court Allows Appointment of Court Receiver in Arbitration Petition Under Section 9 of Arbitration and Conciliation Act, 1996 for Loan Default. Loan Agreement Default Leads to Appointment of Receiver to Secure Claim Pending Arbitration.

The petitioner, L & T Finance Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking appointment of a Court R...

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Bombay High Court Dismisses Tenant's Petition Challenging Eviction Decree for Unauthorized Subletting and Nuisance. Concurrent Findings of Fact Upheld Under Article 227.

The case involves a petition under Article 227 of the Constitution of India filed by the legal heirs of the original defendant/tenant, Hari Govind Ran...

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Bombay High Court Dismisses Winding-Up Petition Against Sundeep Polymers Due to Bona Fide Dispute Over Hire Purchase Agreement. Dispute Regarding Defective Vehicle and Pending Consumer Complaint Constitutes Substantial Grounds, Not a Mere Debt Acknowledgment.

The petitioning-creditor, Tata Motors Ltd (formerly Tata Finance Ltd), filed a winding-up petition under sections 433 and 434 of the Companies Act, 19...