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    <title>2003 (8) TMI 550 - BOMBAY HIGH COURT</title>
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    <description>Interim relief based on alleged fraudulent misrepresentation and concealment was refused because the plaintiff failed to establish a strong prima facie case. The agreements contained disclosures, risk warnings and acknowledgments that prior representations were superseded, and the record suggested the relevant memorandum was available through the plaintiff&#039;s board representative. Attachment before judgment and a freezing injunction were also rejected because there was no material showing intent to obstruct execution or defraud creditors, and the defendants were conducting ordinary business with receivables arising in the normal course. The Court further held that inherent powers could not be used to bypass the Code&#039;s express requirements or to interfere with substantive rights.</description>
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    <pubDate>Fri, 08 Aug 2003 00:00:00 +0530</pubDate>
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      <title>2003 (8) TMI 550 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=194219</link>
      <description>Interim relief based on alleged fraudulent misrepresentation and concealment was refused because the plaintiff failed to establish a strong prima facie case. The agreements contained disclosures, risk warnings and acknowledgments that prior representations were superseded, and the record suggested the relevant memorandum was available through the plaintiff&#039;s board representative. Attachment before judgment and a freezing injunction were also rejected because there was no material showing intent to obstruct execution or defraud creditors, and the defendants were conducting ordinary business with receivables arising in the normal course. The Court further held that inherent powers could not be used to bypass the Code&#039;s express requirements or to interfere with substantive rights.</description>
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