The Milimani Law Courts in Nairobi/FILE
Infinity Industrial Park Limited has escalated its legal battle against Bank of Baroda (Kenya) Limited, seeking cancellation of the lender's licence to operate in Kenya over alleged disobedience of court orders.
The dispute has placed Bank of Baroda directors Astitva Bhardwaj and Aman Kumar, as well as Ponangipalli Venkata Ramana Rao and Swaroop Rao Ponangipalli, at the centre of contempt proceedings after the latter two were appointed as joint administrators of Infinity.
The proceedings stem from an August 10, 2026 insolvency notice through which Rao and Ponangipalli were appointed as administrators of Infinity.
Infinity’s case is that the appointment was made in circumstances where the bank was already subject to court orders restricting its actions against the company and its property.
The High Court’s September 8, 2025, default judgement permanently restrained Bank of Baroda from taking possession of Infinity’s property, appointing receiver-managers or administrators, disposing of the property or exercising chargee powers over LR No. 31978 (Original No. 11522), situated in Njiru along Nairobi’s Eastern Bypass.
Bank of Baroda later moved to have the judgement set aside, but the application was dismissed on July 31, 2026, with the court finding that the default judgement was regular.
Infinity subsequently initiated contempt proceedings, alleging that the bank proceeded with the appointment of the two administrators despite the subsisting court orders.
According to the supporting affidavit, the administrators then moved to assert control over Infinity’s affairs, including seeking access to company assets, title documents, books and records, and taking actions affecting employees.
Infinity is now asking the High Court to hold the bank, its two directors and the administrators in contempt over the alleged breach of the September 8, 2025, and July 31, 2026 orders.
The company is seeking fines, committal to civil jail and cancellation of the bank’s licence in totality, among other sanctions against those named in the proceedings.
It is also seeking withdrawal of the August 10 insolvency notice and the consequential August 11 communication, together with orders reversing the actions undertaken pursuant to the disputed appointment.
The contempt proceedings form part of a wider legal battle in which Infinity secured a Sh2.996 billion special damages judgement against Bank of Baroda.
The bank has continued to challenge the judgement, including blaming its former lawyers for failing to properly communicate court directions requiring a defence to be filed.
Infinity’s claim of contempt is pending before the High Court for determination.
