Petitioners sought restraint on a bank enforcing security interest. The court held no prima facie case existed given the huge outstanding sum and unfulfilled settlement, dismissing the writ petition without merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Dixit
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (LODGING) NO.1749 OF 2016
Spun Communications Infrastructure Pvt. Ltd., Malad (W), Mumbai & Ors. .… Petitioners V/s.
The Federal Bank Ltd., Nariman Point, Mumbai & Ors. …. Respondents
Mr. Ashish Kamat, i/by M/s. V. Deshpande & Co., for the Petitioners. Mr. O.A. Das for Respondent Nos.1 and 2.
CORAM : S.C. DHARMADHIKARI &
DR. SHALINI PHANSALKAR-JOSHI, J.J.
DATE : 1 ST JULY 2016.
P.C. :
[DR. SHALINI PHANSALKAR-JOSHI, J.] [S.C. DHARMADHIKARI, J.]
1/1
WPL-1749-16.doc
1 issue framed by the court
Whether the High Court should restrain a bank from enforcing its security interest under SARFAESI Act when a huge sum is due and settlement unfulfilled.
Spun Communications Infrastructure Pvt. Ltd.
The Federal Bank Ltd.
S.C. DHARMADHIKARI
DR. SHALINI PHANSALKAR-JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
