Banking
IBC, Section 18, 60 – Resolution Pro-fessional does not enjoy the adjudicatory functions
IBC, Section 18, 60 - Resolution Professional does not enjoy the adjudicatory functions - As per Section 18 of the...
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IBC S. 97 – Adjudicating Authority was not required at the stage when report was still to be filed by the Resolution Professional to record a finding regarding default
Insolvency and Banking Code , 2016 S. 97 - Adjudicating Authority was not required at the stage when report was...
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IBC S. 60(5) – Jurisdiction
Insolvency and Banking Code , 2016 S. 60(5) - Jurisdiction - Whether the Adjudicating Authority has jurisdiction to pass the...
Read moreIBC S. 14(1) – Bank guarantee can be invoked during the moratorium declared under Section 14(1)
IBC, 2016 S. 14(1) - Whether the bank guarantee in question can be invoked during the moratorium declared under Section...
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Sarfaesi – Writ – Not maintainable
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) – Constitution of India, Article 226...
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OTS – High court stayed further proceedings under Section 13(4) in the writ jurisdiction subject to deposit – Set aside.
OTS- High court stayed further proceedings under Section 13(4) in the writ jurisdiction subject to deposit of Rs 10,00,000 leading...
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Sarfaesi – Object and reasons
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002) - Objects and reasons ...
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Sarfaesi S. 13(3-A) – The legislative scheme does not envisage grievance redressal procedure at this stage.
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002) Section 13(3-A), 17 - ...
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Injunction – Financial matters – In financial matters grant of ex parte interim orders can have a deleterious effect
Injunction - Financial matters - In financial matters grant of ex parte interim orders can have a deleterious effect and...
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Injunction – Bank guarantee – Second exception to the rule – there would be no possibility whatsoever of the recovery of the amount from the beneficiary
Injunction – Interlocutory injunction - Bank guarantee - Second exception to the rule of granting injunction, i.e, the resulting of...
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Injunction – Bank Guarantee – Invocation – Court ought not to have issued an injunction which had the effect of restraining the Bank from fulfilling its contractual obligation in terms of the bank guarantee
Injunction – Interlocutory injunction - Bank Guarantee - The letter of invocation demanding the payment was in accordance with the...
Read moreInjunction – An injunction can not be used in nullifying the terms of a contract, agreement or undertaking
Injunction – Interlocutory injunction - An injunction of the court ought not to be an instrument which is used in...
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Injunction – Bank guarantee – Fraud has to be established
M.R in Bolivinter Oil SA v. Chase Manhattan Bank 1984 1 All ER 351, CA are apposite: “… The wholly exceptional case where...
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Fraud has to be an established fraud – Injunction
Fraud - Fraud has to be an established fraud - In the absence of established fraud and not a mere...
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Bank guarantee – Fraud .
“… in case of confirmed bank guarantees/irrevocable letters of credit, it cannot be interfered with unless there is fraud and...
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