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IN THE HIGH COURT AT CALCUTTA
Krishna Rao
Arvind Kumar Mehrotra – Appellant
Versus
Rakhi Loonia – Respondent
| Table of Content |
|---|
| 1. issue at hand - ad-interim injunction (Para 1 , 2 , 3) |
| 2. trust and responsibility of the deceased (Para 4 , 5 , 6) |
| 3. allegations of misappropriation and fraud (Para 7 , 8) |
| 4. concerns over asset alienation (Para 9 , 10) |
| 5. defense against unauthorized transfers (Para 11 , 12 , 13) |
| 6. protection of certain assets from attachment (Para 14 , 15 , 16) |
| 7. allegations of fact suppression and fiduciary duty (Para 17 , 18 , 19) |
| 8. legal stance on insurance policies (Para 20 , 21 , 22 , 23) |
| 9. consideration of evidence and order effects (Para 24 , 25 , 26) |
| 10. final order on interim injunction (Para 27 , 28) |
JUDGMENT :
Krishna Rao, J.
1. The issue in the present application whether the order of ad-interim injunction passed by this Court dated 12th September, 2024, is liable to be made absolute or to be vacated. Whether the petitioner has obtained ad-interim order of injunction by suppressing of material facts and whether the proceeds of an insurance policy of the husband of the respondent no.1 and father of the respondent no.2, the respondent no.1 and the respondent no. 2 can be attached.
2. The petitioner carries on business in partnership with one Vishal Kapur in the name and styl
A fiduciary must not convert their position for personal gain, and insurance benefits cannot be attached in light of the applicable exemption laws.
Proceeds from a life insurance policy are exempt from attachment under Section 60(kb) of the CPC, and the decree-holder must prove inheritance of the property from the deceased.
The MPIDFE Act allows for the attachment of property to protect the interests of depositors, regardless of when the property was acquired. The affidavit filed by the competent authority complied with....
The court upheld the attachment of properties under the KPIDFE Act, emphasizing the necessity to protect depositors' interests despite the appellants' claims of procedural impropriety and lack of com....
Nomination in insurance does not confer absolute rights over terminal benefits, which pertain to legal heirs under succession laws.
The court held that failing to submit an insurance application precludes entitlement to insurance benefits despite premium inclusion in a loan, affirming bank's actions under the SARFAESI Act were va....
Interim orders may merge with final orders unless expressly modified; recorded courtroom observations are sacrosanct and can be challenged for expungement in the appropriate court.
The SARFAESI Act, 2002 has overriding effect over state laws, ensuring secured creditors' rights are prioritized in debt recovery.
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