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High Court

Bombay High Court Allows Section 11 Arbitration Application Under SARFAESI Act Between Secured Creditor and Prospective Secured Creditor Over Title Documents Dispute. The court held that a dispute between a secured creditor and an entity prevented from becoming a secured creditor due to refusal to hand over title documents is arbitrable under Section 11 of the SARFAESI Act, 2002.

6 May 2026

The case involves a petition under Section 11 of the Arbitration and Conciliation Act, 1996, filed by Aditya Birla Housing Finance Limited (Applicant)...

High Court

Bombay High Court Directs Bank to Refer MSME Loan Account for Restructuring Under RBI Framework - Petitioner's MSME Status Entitles It to Benefit of Framework for Revival and Rehabilitation. The court held that the bank was obligated to refer the stressed MSME account to the Committee for restructuring as per the Government Notification dated 29.05.2015 and RBI Master Direction dated 21.07.2016, following the Supreme Court's decision in Pro Knits.

29 Jan 2026

The petitioners, Vardhan Agro Processing Limited (petitioner No.1, an MSME) and its chairman and shareholder (petitioner No.2), filed a writ petition ...

High Court

Bombay High Court Dismisses Recall and Review Applications in Bank Loan Assignment Case — Consent Order Recorded on Minutes of Order Cannot Be Unilaterally Recalled. Assignment of Debt and Security by Co-operative Bank to Third Party Under OTS Upheld Despite Subsequent Objections by Liquidator and Suspended Director.

11 Mar 2025

The judgment concerns three applications seeking recall or review of an order dated 21 October 2022 passed by the Bombay High Court in Writ Petition N...

High Court

Bombay High Court Quashes PMLA Proceedings Against Accused in Seva Bank Loan Fraud Case — Lack of Scheduled Offence and Non-Application of Mind in ECIR Registration. The court held that the ECIR was registered solely on the basis of FIR No.163/2018 involving Section 420 IPC, but the subsequent FIRs (525/2021, 526/2021, 527/2021) which included other scheduled offences were not considered, and the proceeds of crime were not properly identified, rendering the PMLA proceedings unsustainable.

29 Aug 2024

The judgment concerns multiple writ petitions filed by individuals accused in connection with alleged loan fraud involving Seva Vikas Co-operative Ban...

Supreme Court

Supreme Court Allows Bank's Appeal Against High Court's Mandamus to Consider OTS Application. Court Holds That No Writ of Mandamus Can Be Issued to Direct a Bank to Grant One Time Settlement Benefit Under Article 226 of the Constitution.

15 Dec 2021

The present appeal arises from a judgment of the Allahabad High Court which, in exercise of powers under Article 226 of the Constitution of India, iss...

High Court

High Court of Karnataka Upholds Acquittal in Cheque Bounce Case Due to Failure to Prove Debt Liability. Complainant Bank Failed to Establish Legally Enforceable Debt or Liability Under Section 138 of Negotiable Instruments Act, 1881.

17 Dec 2020

The appellant, Bidar Urban Co-operative Bank Ltd., filed a criminal appeal against the acquittal of the respondent, Girish Kulkarni, by the trial cour...

High Court

Bombay High Court Dismisses Petition to Restrain Encashment of Bank Guarantees in Arbitration Dispute — No Case of Fraud or Irreparable Injury Established. Court held that bank guarantees are independent contracts and injunction can only be granted in exceptional circumstances of fraud or special equity, which were not made out.

11 Jan 2018

The petitioner, Felguera Gruas India Pvt. Ltd. (FGIPL), filed six arbitration petitions under Section 9 of the Arbitration and Conciliation Act, 1996,...

High Court

Bombay High Court Partially Allows Challenges to Arbitral Award in Co-operative Bank Dispute — Upholds Liability of Guarantor but Sets Aside Interest Rate. The court held that the arbitrator exceeded jurisdiction by awarding interest at 24% per annum with quarterly rests, which was contrary to the contractual rate of 16.5% per annum, and that the award of costs was without reasons.

27 Jan 2017

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award da...

High Court

Bombay High Court Partially Allows Challenges to Arbitral Award in Co-operative Bank Dispute — Upholds Liability of Guarantor but Sets Aside Interest Rate and Costs. The court held that the arbitrator exceeded jurisdiction by awarding interest at 24% per annum and costs without agreement, but upheld the principal liability under the guarantee.

27 Jan 2017

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award da...

High Court

High Court of Bombay at Goa Allows Appeal in Negotiable Instruments Act Case — Blank Cheque Defence Rejected as Unsubstantiated. Presumption under Section 139 of Negotiable Instruments Act, 1881 stands in favour of holder, and accused failed to rebut it by preponderance of probabilities.

11 Sep 2012

The appellant, The Bagayatdar Urban Co-operative Credit Society Ltd., filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 agai...

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