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Search Results for "bank guarantees"

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High Court

Bombay High Court Dismisses Petition to Set Aside Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — No Patent Illegality Found. Arbitrator's Interpretation of Contractual Clauses Held Plausible and Not Open to Interference.

3 Nov 2025

The petitioner, Jawaharlal Nehru Port Trust, challenged an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, before the B...

High Court

Bombay High Court Dismisses Petition to Set Aside Arbitral Award Under Section 34 of Arbitration and Conciliation Act, 1996 — No Grounds for Interference Established. Court Held That the Arbitral Tribunal's Findings Were Based on Evidence and Not Perverse, and the Petition Was Barred by Limitation.

3 Nov 2025

The petitioner, Jawaharlal Nehru Port Trust, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral ...

High Court

Judicial Scrutiny of RBI's Supersession of Abhyudaya Co-operative Bank's Board. Balance between Constitutional mandates and banking regulations reaffirmed.

18 Nov 2024

The Bombay High Court assessed the legality of the Reserve Bank of India's (RBI) supersession of the Board of Directors of Abhyudaya Co-operative Bank...

Supreme Court

Supreme Court Allows Set-Off Claim in Corporate Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016. The court held that set-off is permissible during CIRP as it promotes efficiency and equity, and the moratorium under Section 14 does not automatically prohibit such adjustments when claims arise from mutual and connected transactions.

3 Jan 2024

The appeal before the Supreme Court involved a dispute between Bharti Airtel Limited and Bharti Hexacom Limited (Airtel entities) and Aircel Limited a...

High Court

High Court of Bombay at Nagpur Dismisses Bank's Revision Against Order Rejecting Application Under Order 7 Rule 11 CPC in Recovery Suits — Held That Plaint Discloses Cause of Action and Is Not Barred by Law. The court upheld the trial court's finding that the suits based on invocation of bank guarantees were within limitation and disclosed a cause of action.

5 Jun 2023

The present judgment arises from two Civil Revision Applications filed by the Regional Manager and Assistant General Manager of Union Bank of India (o...

High Court

Bombay High Court Quashes Demand for Bank Guarantee in Customs Valuation Dispute — SVB Proceedings Must Be Concluded Before Demanding Differential Duty. The court held that the demand for bank guarantee for differential duty on imports from related parties before completion of Special Valuation Branch proceedings is arbitrary and unsustainable under Section 14 of the Customs Act, 1962 and Circular No. 5/2016-Customs.

20 Dec 2022

The petitioner, Pernod Ricard India Private Limited, a company engaged in manufacturing, blending, and selling Indian made foreign liquor, filed a wri...

High Court

High Court of Karnataka Dismisses Petition Challenging Bank's E-Auction and Withdrawal of OTS in SARFAESI Act Matter — No Writ of Mandamus to Compel Acceptance of One Time Settlement. The court held that a writ petition under Article 226 is not maintainable against a private bank in contractual matters and that the bank's discretion to accept or reject an OTS cannot be compelled by writ.

14 Dec 2022

The petitioner, M/s Rima Transformers and Conductors Pvt Ltd, a private limited company, availed a credit facility of Rs. 18 crores from Canara Bank. ...

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

High Court of Karnataka Allows Appeal of Co-operative Credit Society in Income Tax Deduction Case Under Section 80P — Society Not a Primary Co-operative Bank Under Banking Regulation Act. The court held that a co-operative credit society not licensed by RBI and not meeting all conditions of Section 56(ccv) of the Banking Regulation Act, 1949, is entitled to deduction under Section 80P of the Income Tax Act, 1961.

21 Sep 2015

The appellant, Shri Chandra Prabhu Urban Co-operative Credit Society Ltd., is a co-operative society registered under the Karnataka Co-operative Socie...

High Court

Bombay High Court Dismisses Appeal by Coal India and Western Coalfields Against Temporary Injunction Restraining Cancellation of Letter of Assurance and Encashment of Bank Guarantee. The court held that the plaintiff had a prima facie case for breach of contract under the New Coal Distribution Policy 2007, and the balance of convenience favoured maintaining the status quo pending suit.

26 Jul 2011

The case arises from a dispute between Coal India Ltd. and Western Coalfields Ltd. (appellants) and Chintamani Agrotech (India) Ltd. (respondent/plain...

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