Bank of Baroda Kenya directors risk civil jail over alleged disobedience of court orders in the Infinity Industrial Park dispute. [File, Standard]

Bank of Baroda Kenya directors Astitva Bhardwaj and Aman Kumar risk being committed to civil jail over alleged disobedience of court orders barring it from appointing administrators over Infinity Industrial Park.

In a contempt application filed before the High Court, Infinity accuses the bank and its directors of appointing Ponangipalli Venkata Ramana Rao and Swaroop Rao Ponangipalli as joint administrators of Infinity Industrial Park in violation of existing court orders.

The company wants the court to punish the bank, its directors and the two administrators for contempt.

Bank of Baroda, its directors Astitva Bhardwaj and Aman Kumar, Ponangipalli Venkata Ramana Rao and Swaroop Rao Ponangipalli be punished by fine, committal to civil jail and/or such other lawful and proportionate sanction as this Honourable Court may deem fit,” Infinity says in its application.

The contempt proceedings arise from a long-running commercial dispute between Infinity Industrial Park Limited and Bank of Baroda (Kenya) Limited before the Milimani High Court Commercial and Tax Division.

Justice Peter Mulwa, however, has certified the fresh contempt application as urgent and directed that it be dealt with during the current High Court recess.

The judge has also ordered the reinstatement of the status quo that existed as of July 31, 2026, allowing Infinity Industrial Park, its directors, management and employees to continue operating as they were before that date.

"Pending the hearing and determination of this application, status quo ante as of July 31, 2026, be reinstated to the effect that the plaintiff (Infinity Industrial Park), its directors, management and employees continue to operate as they were operating as of that date," Justice Mulwa ordered

Bank of Baroda (Kenya) Limited has been given three days from the date of service to file its response, with the matter scheduled for further directions on September 1, 2026.

Ashok Kumar Rupshi Shah has applied to be enjoined as an interested party, identifying himself as the majority shareholder of Infinity.

The contempt application follows a judgment entered by the High Court on September 8, 2025, after the bank failed to file its defence within the timeline issued by the court.

The judgment granted prayers sought by Infinity, including an injunction restraining the bank, its employees, agents or anyone acting on its behalf from interfering with property identified as LR No. 31978, originally LR No. 11522, in Njiru along the Eastern Bypass.

The order specifically barred the bank from taking possession of the property, selling or disposing of it, appointing receivers or administrators, or exercising powers of a chargee over the land.

Bank of Baroda later moved to have the judgment set aside through an application dated September 29, 2025.

In a ruling delivered on July 31, 2026, the court dismissed the application, finding that the bank had participated in the proceedings and had been granted an opportunity to file its defence but failed to comply with court directions.

Barely days later, on August 10, 2026, the bank issued an insolvency notice appointing Ponangipalli Venkata Ramana Rao and Swaroop Rao Ponangipalli as joint administrators of Infinity Industrial Park, a move Infinity says defied the standing orders.

The application states that the alleged administrators subsequently moved to assume control of Infinity Industrial Park's affairs, demanding possession of company assets, title documents, books and records, while taking steps affecting employees.

Infinity argues the actions amounted to an attempt to circumvent the court's orders and could undermine the judgment already entered in its favour.

It has asked the court to find Bank of Baroda, its directors, and the two alleged administrators in contempt, and to punish them by fine, committal to civil jail or another lawful and proportionate sanction.

It further seeks cancellation of the August 10 insolvency notice and reversal of consequential actions, including an August 11 letter concerning Infinity's employees, and restoration of the status quo as of July 31, 2026.

The dispute traces back to a financing arrangement between Infinity and Bank of Baroda.

Court records show Infinity had obtained a loan facility of about Sh1.97 billion from the bank, secured against several properties.

The alleged takeover is linked to a claimed debt of Sh2.2 billion, while Infinity says it already holds a judgment involving a Sh2.996 billion special damages claim against the bank.

Infinity Industrial Park is a multi-million-shilling industrial development being built on approximately 200 acres along Nairobi's Eastern Bypass, designed to provide industrial plots, warehouses and infrastructure for businesses and SMEs, with access to the Thika Superhighway, Mombasa Road and Jomo Kenyatta International Airport.