Search Results for "Guarantor's Liability"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
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Search Results for "Guarantor's Liability"

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High Court

High Court of Karnataka Quashes Show Cause Notice for Willful Defaulter Declaration Due to Lack of Application of Mind — Bank Issued Notice Without Considering Petitioner's Reply or Providing Adequate Opportunity Under RBI Master Circular.

25 Apr 2025

The petitioner, B.G. Chandrashekar, a borrower from Canara Bank, defaulted on a loan of Rs. 7,07,94,378/-. The bank initiated recovery proceedings und...

Supreme Court

Supreme Court Allows Bank's Appeal Against High Court's Mandamus to Consider OTS Application. Court Holds That No Writ of Mandamus Can Be Issued to Direct a Bank to Grant One Time Settlement Benefit Under Article 226 of the Constitution.

15 Dec 2021

The present appeal arises from a judgment of the Allahabad High Court which, in exercise of powers under Article 226 of the Constitution of India, iss...

High Court

Bombay High Court Dismisses Writ Petition Challenging E-Auction Sale Due to Alternate Remedy Under SARFAESI Act. Petitioner, as second highest bidder, alleged collusion and system malfunction but was directed to approach Debts Recovery Tribunal.

5 Nov 2020

The petitioner, Radhika Rajesh Agarwal, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging ...

High Court

Bombay High Court Dismisses Appeal Against Refusal to Revoke Leave Under Clause XII Letters Patent in Summary Suit on Guarantee. Jurisdiction upheld as part of cause of action arose in Mumbai due to disbursement and part payments.

7 Jan 2013

The appeal arose from a summary suit filed by Rabo India Finance Limited (Plaintiff) against Gouri Prasad Goenka (Defendant) based on guarantees execu...

High Court

Bombay High Court Partially Sets Aside Arbitration Award Against Guarantors in Cooperative Bank Dispute — Guarantors Not Liable for Enhanced Credit Facility Without Their Consent. Guarantor Liability Cannot Be Extended Beyond Original Guarantee Under Section 34 of Arbitration and Conciliation Act, 1996.

16 Mar 2012

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a common undated arb...

High Court

Bombay High Court Allows Recovery Suit in Hire Purchase Agreement Case — Plaintiff Entitled to Outstanding Instalments and Damages. Breach of Contract by Defendant No.1 and Guarantor Liability of Defendant No.2 Established Under Hire Purchase Agreement.

6 Jul 2005

The plaintiff, Tata Engineering & Locomotive Co. Ltd., filed a suit for recovery of Rs. 72,311/- with interest on the principal amount of Rs. 63,677/-...

High Court

Bombay High Court Allows SFC Petition for Enforcement of Guarantee Under Section 31(1)(aa) of SFC Act, 1951. Guarantor's Liability Held Co-extensive with Principal Debtor Despite Non-Enforcement Against Principal Debtor.

17 Jun 2005

The petitioner, SICOM Limited, a State Financial Corporation, filed a petition under Section 31(1)(aa) of the State Financial Corporation Act, 1951, s...

High Court

Bombay High Court Allows SFC Petition for Recovery of Loan Under Section 31(1)(aa) of SFC Act — Default by Borrower Company and Guarantor. The court held that the petitioner, a deemed State Financial Corporation, is entitled to recover the loan amount with interest from the respondent company and the guarantor, and the secured properties can be sold for recovery.

25 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...

High Court

Bombay High Court Allows SICOM's Petitions Under Section 31(1)(aa) of SFC Act for Recovery of Term Loan Defaults. Financial Corporation Entitled to Enforcement of Security Interest Without Prior Adjudication of Liability.

25 Apr 2005

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

High Court

Bombay High Court Allows Writ Petition for Enforcement of Continuing Guarantee Against State Government — Limitation Bar Rejected as Guarantee Subsists Until Full Payment. Continuing Guarantee Clause 6 of Deed Dated 5th June 1982 Remains Operative Until All Moneys Paid, Hence Claim Not Barred by Limitation.

1 Feb 2005

The petitioner, Maharashtra State Co-op. Bank Ltd., stood as guarantor for a loan advanced to Swami Vivekanand Kaku Tel Sahakari Karkhana Limited. The...

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