Search Results for "Guarantor's Liability"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Guarantor's Liability"

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High Court

High Court of Karnataka Quashes Look Out Circular Issued by Bank of Baroda Against Petitioner in Loan Default Case — LOC Held Invalid as Bank is Not a 'Competent Authority' Under the 2021 SOP. The Court Declared that a Look Out Circular can only be issued by a 'Competent Authority' as defined in the Office Memorandum dated 22.02.2021, and a bank does not qualify as such.

16 Mar 2023

The petitioner, Mr. Himayath Ali Khan, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging a Look Out Circular (...

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 Grants Unconditional Leave to Defend in Summary Suit for Education Loan Recovery — Triable Issues Raised Regarding Bank's Negligence and Limitation. The court held that where a defendant raises a plausible defence involving disputed questions of fact, unconditional leave to defend must be granted under Order 37 Rule 3 of the Code of Civil Procedure, 1908.

24 Aug 2012

The plaintiff, Dena Bank, filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against defendant nos. 1 to 3 (borrower, co-borrow...

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 Financial Institution's Petition Under Section 31(1)(aa) of SFC Act for Enforcement of Mortgage Against Guarantors. The court held that the petition is maintainable against guarantors and not barred by limitation under Article 137 of Limitation Act.

14 Mar 2005

The petitioner, SICOM Limited, a financial institution, filed a petition under Section 31(1)(aa) of the State Financial Corporations Act, 1951, seekin...

High Court

Bombay High Court Allows SICOM Limited's Petition Under Section 31(1)(aa) of SFC Act for Recovery of Loan Against Guarantors. Court holds that guarantors are jointly and severally liable for the debt of the principal borrower company.

14 Mar 2005

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

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