Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHREE CHANDRASHEKHAR, CJ, GAUTAM A.ANKHAD
Bank of Baroda – Appellant
Versus
Anil D. Ambani – Respondent
| Table of Content |
|---|
| 1. suits challenge forensic report invalidity due to auditor disqualification. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. single judge invalidates report for bdo ineligibility; grants injunction. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 3. 2024 directions prospective; 2016 permits non-ca forensic experts. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 4. report requires qualified ca; fraud tag causes irreparable harm. (Para 26 , 27 , 28 , 29 , 30) |
| 5. 2016 actions survive 2024 supersession without retrospective effect. (Para 31 , 32 , 33 , 34 , 35) |
| 6. clause 8.8.2 allows external forensic experts sans ca status. (Para 36 , 37 , 38 , 39 , 40 , 41) |
| 7. injunction demands prima facie case from pleadings only. (Para 42 , 43 , 44 , 45) |
| 8. delay, conduct bar relief; reverse injunction, dismiss applications. (Para 46 , 47 , 48 , 49 , 50 , 51 , 52) |
Judgment :
Shree Chandrashekhar, CJ :
In this batch of Appeals, the Bank of Baroda, IDBI Bank Limited, Indian Overseas Bank and BDO India LLP have challenged the common judgment delivered on 24th December 2025 in the Interim Applications filed by the plaintiff vide Interim Application (L) No. 35925 of 2025 in Suit (L) No. 35923 of 2025, I
RBI Fraud Master Directions-2024 apply prospectively, validating prior 2016 audits by non-CA forensic experts; Single Judge erred granting interim stay beyond pleadings without prima facie case, bala....
The court determined that a Forensic Audit Report must be authored by a qualified Chartered Accountant, as required by statutory provisions, to constitute valid basis for fraud classification by bank....
The failure to record reasons for granting an ex-parte injunction without notice constitutes a jurisdictional error and renders such orders unsustainable.
A procedural order calling for pleadings from parties does not constitute a judgment under Chapter VIII R.5 and is not appealable.
The Letters Patent allows appeals only against judgments that conclusively affect rights; interim orders lacking such determinations are not appealable.
The court emphasized that the interim order regarding the appointment of a forensic auditor was specific to the facts and circumstances of the case and would not set a precedent.
In defamation cases, the burden lies on the plaintiff to prove that the defendant's defenses are bound to fail; an interim injunction should not be granted if the defendant believes the statements to....
The court affirmed that Section 36AAA of the Banking Regulation Act remains valid, allowing for the supersession of a cooperative bank's board for up to five years, without the necessity of a hearing....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
