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NCLAT Dismisses Liquidator's Appeal Seeking Return of Bank Guarantees and Margin Money Post-Invocation. Bank Guarantee Invocation Extinguishes Both Margin Money and Bank's Liability, Liquidator Cannot Claim Refund.

The case involves an appeal by Mr. Rajendra Prasad Tak, the Liquidator of M/s. KVK Nilachal Power Pvt. Ltd. (Corporate Debtor), against an order of th...

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Bombay High Court Adjudicates Suits for Recovery of Fixed Deposit Proceeds Allegedly Appropriated by Bank for Third-Party Dues. Plaintiffs contend that letter authorizing adjustment was obtained under economic duress, rendering it void.

The dispute arose from two recovery suits filed by sister concerns, M/s. Palbro International and Manekji Nensey & Sons, against The Federal Bank Ltd....

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Madras High Court Dismisses Writ Petition Challenging Bank's Set-off of Fixed Deposit Against Loan Default Under SARFAESI Act. Bank's Right to Set-off Margin Money Fixed Deposit Against Outstanding Loan Upheld as Contractual and Statutory Right Under Section 171 of Contract Act and SARFAESI Act.

The writ petitioner, M/s Chithra Agencies Private Limited, an authorized dealer of Castrol India Ltd., availed cash credit facility from Canara Bank, ...

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High Court of Judicature at Bombay Adjudicates Company Petition for Winding Up Over Unpaid Derivative Transaction Debts. The Petitioner Bank Claimed Rs.8.74 Crores from the Respondent Company Following Defaults on Forex Options Margin Calls Under ISDA Master Agreement.

The litigation stems from a company petition filed by HDFC Bank Ltd. under the provisions of the Companies Act, 1956 seeking winding up of Rohan Dyes ...

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High Court of Judicature at Bombay Considers Winding Up Petition Based on Alleged Debt Arising Out of F&O Trades; Respondent Disputes Liability and Raises Counter-Claim for Damages

This company petition sought winding up of Prime Broking Company (India) Ltd under the Companies Act, 1956 on the ground of inability to pay debts. Th...

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Bombay High Court Sets Aside Arbitral Award in Stock Broker Dispute — Violation of NSEIL Rules Renders Award Contrary to Public Policy. Trading Member's Squaring Off of Defaulting Client's Position Upheld as Permissible Under Bye-Laws, Award of Damages for Loss of Higher Price Set Aside.

The petitioner, M/s. Ventura Securities Limited, a trading member of the National Stock Exchange of India Ltd. (NSEIL), challenged an arbitral award d...

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Bombay High Court Grants Interim Injunction in Pledge Dispute Over Shares. Court Restrains Transfer of Pledged Shares and Orders Deposit of Surplus Sale Proceeds Pending Suit.

The Plaintiff, Pushpanjali Tip Up Pvt. Ltd., filed a suit against Mrs. Renudevi Choudhary and others concerning shares pledged as security for loans. ...

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High Court of Bombay Dismisses Broker's Challenge to Arbitral Award in Client Dispute Over Delay Paying Charges. Unilateral Charging of 2% Daily Interest Without Specific Agreement or Proof of Loss Held Unconscionable and Not Enforceable Under Section 34 of Arbitration and Conciliation Act, 1996.

The case involves a dispute between Sharekhan Limited, a trading member/broker of the Bombay Stock Exchange (BSE), and Nita Thakkar, a client. The bro...