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The High Court held that the enquiry under Section 12-A(1), Commercial Courts Act is limited to whether the suit genuinely contemplated urgent interim relief and that the plaint must be examined holistically without adjudicating the merits of the interim relief.
“On losing merely the right of redemption, a borrower does not automatically lose ownership rights over the secured asset and that the ownership right is ultimately lost only upon issuance of sale certificate in accordance with Rule 9(6) of the SARFAESI Rules.”
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be used for summary property disputes.
“A party who approaches the court with unclean hands or by withholding material documents and/or information is disentitled to any reliefs from the court.”
“There is a preliminary objection raised by ESIC Corpn. as to the maintainability of the petition before the Bench on the ground that the petition should have been filed before the Single Judge or before the Bench having the assignment of Labour and Service Matters.”
“Naresh Goyal is aggrieved by his account being classified as “fraud” by the Bank of India. He has not been served with any order passed by the Bank classifying his accounts as “fraud”. It is therefore evident that the earlier classification of his account by the Bank as “fraud” is without any justification or reasons.”