Search Results for "Guarantor's Liability"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal in Motor Accident Claim Case — Death Not Arising O...
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Bombay High Court Allows Appeal in Customs Classification Dispute — Bulk Pet F...

Search Results for "Guarantor's Liability"

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Supreme Court

Supreme Court Allows Section 7 IBC Application by State Bank of India Against Krishidhan Seeds Private Limited — Limitation Extended by Acknowledgment in Balance Sheet Under Section 18 of Limitation Act, 1963. The Court set aside NCLT and NCLAT orders that had rejected the application as time-barred, holding that acknowledgments of debt, including in balance sheets, can extend limitation under Section 18 of the Limitation Act, 1963.

18 Apr 2022

The Supreme Court allowed an appeal by the State Bank of India (SBI) against the rejection of its application under Section 7 of the Insolvency and Ba...

High Court

Bombay High Court Allows Cooperative Bank's Petition Against Setting Aside of Ex Parte Award Against Principal Borrower. Principal Borrower Cannot Participate in Proceedings Without Depositing Loan Amount.

2 May 2019

The case involves two writ petitions filed by Rupee Cooperative Bank Limited against Vijaya Paints Pvt. Ltd. and others. The bank had obtained an ex p...

High Court

Bombay High Court Quashes Process Against Directors in Cheque Dishonour Case Due to Lack of Specific Averments of Vicarious Liability. The court held that under Section 141 of the Negotiable Instruments Act, 1881, directors cannot be held liable without specific allegations that they were in charge of and responsible for the conduct of business of the company.

10 Jan 2019

The petitioners, Rakesh P. Gupta and Shishir Prabhakar Dharkar, were directors of a private limited company accused in two separate complaints under S...

High Court

Bombay High Court Dismisses Appeal by Videocon Industries Against Winding Up Order for Non-Payment of Guarantee Debt to Italian Bank. Patronage Letter Held to Be a Guarantee Under Indian Contract Act, 1872, and Claim Not Time-Barred.

19 Jul 2014

The case involves an appeal by Videocon Industries Limited against an order of the Company Judge directing payment of Rs.259.73 crores to Intesa Sanpa...

High Court

Bombay High Court Grants Injunction Against Invocation of Bank Guarantees in Arbitration Dispute — Prima Facie Case of Fraud and Irretrievable Injustice Established. Court held that unconditional bank guarantees cannot be invoked where there is a clear fraud of which the bank has notice or where irretrievable injustice would result.

17 Jan 2013

The petitioner, M/s. ANCL & Co. (India) Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking an injuncti...

High Court

Bombay High Court Allows Appeal Against Acquittal in Cheque Dishonour Case Due to Improper Rejection of Secondary Evidence. Court holds that trial court erred in rejecting application to lead secondary evidence of cheque and dishonour memo when originals were lost, and remands case for fresh trial.

6 Jul 2012

The appellant, Maharashtra State Seeds Corporation Limited, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the re...

High Court

Bombay High Court Dismisses Writ Petition Against Debt Recovery Appellate Tribunal Order in Bank Recovery Suit. Court Holds That Debt Recovery Tribunal Has Jurisdiction Over Claims Arising from Guarantee Agreements Even If Guarantor Did Not Sign Documents, as Liability Is Based on Contractual Relationship.

12 Oct 2010

The petitioners, Amit H. Jhaveri and M/s. Brader Incorporated, filed a writ petition challenging the order of the Debts Recovery Appellate Tribunal, M...

High Court

Bombay High Court Upholds Conviction of Accused in Cheque Dishonour Case Despite Separate Trials for Multiple Cheques. Dishonour of three cheques treated as separate offences under Section 138 of Negotiable Instruments Act, 1881, but separate trials not resulting in prejudice.

6 Jul 2006

The dispute between the complainant Nilesh P. Salgaonkar and the accused Deelip Apte involved three cheques issued by the accused to the complainant, ...

High Court

Bombay High Court Allows SICOM's Petition Against Guarantors Under Section 31(1)(aa) of SFC Act for Recovery of Loan Default. Guarantors Held Liable Under Unconditional Guarantee Deed for Repayment of Term Loan.

13 Apr 2005

The petitioner, SICOM Limited, a deemed State Financial Corporation under Section 46 of the State Financial Corporation Act, 1951, filed a petition un...

Tribunals

NCLAT Dismisses Appeal Against Rejection of CIRP Petition Due to Settlement Agreement - Mediated Settlement Bars Insolvency Proceedings Under Section 61 of IBC, 2016

30 Nov -0001

The appeal was filed by Mr. Rakesh Kumar Jain, a financial creditor, under Section 61 of the Insolvency and Bankruptcy Code, 2016, against an order da...

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