Search Results for "Guarantors"

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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...
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Search Results for "Guarantors"

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High Court

Bombay High Court Allows Writ Petition Challenging Execution Proceedings for Recovery of Loan Amount — Interest Rate Discrepancy Between Decree and Contract Renders Execution Invalid. The execution application claimed interest at 21% per annum while the decree specified 6% per annum from the date of suit till realization, violating Section 34 CPC and Order 21 Rule 11 CPC.

18 Jun 2019

The petitioner, Rajesh Kishan Khanaj, was the original judgment debtor in a suit filed by the Federal Bank Limited for recovery of a term loan of Rs.1...

High Court

Bombay High Court Dismisses Petition Challenging Recovery Certificate in Unfair Labour Practice Case — Compromise Terms Binding on Liquidator. Recovery Certificate for Rs.4,44,216/- upheld as compromise was validly entered into and not challenged.

26 Mar 2014

The Petitioner, Adarsh Janata Sahakari Bank Ltd. and its Liquidator, challenged an order dated 16 October 1998 passed by the Industrial Court, Mumbai,...

High Court

Bombay High Court Dismisses Petition Challenging Recovery Certificate in Unfair Labour Practice Case — Compromise Terms Binding on Parties. The court upheld the Industrial Court's issuance of a Recovery Certificate under Section 50 of the MRTU & PULP Act, 1971, based on a compromise between the employer and employee, rejecting the employer's contention of non-compliance by the employee.

26 Mar 2014

The petitioner, Adarsh Janata Sahakari Bank Ltd. and its liquidator, challenged an order dated 16 October 1998 passed by the Industrial Court, Mumbai,...

High Court

Bombay High Court Grants Interim Injunction Restraining Invocation of Bank Guarantee in Supply Contract Dispute. Prima Facie Fraud and Irreparable Injury Established by Plaintiff Supplier Against Beneficiary.

18 Mar 2014

The plaintiff, M/s. Arad Metering Technologies Ltd., filed a suit seeking a restraint order against Defendant No.1, Axelia Utility Management Pvt. Ltd...

High Court

Bombay High Court Dismisses Claims for Damages Against Plaintiff for Wrongful Arrest of Cargo in Admiralty Suit — Undertaking Under Rule 941 of Bombay High Court (OS) Rules Not Enforceable After Suit Withdrawal Without Adjudication on Merits.

20 Feb 2014

The Plaintiff, Navbharat International Ltd., filed an admiralty suit and obtained an ex-parte order dated 12th January 2010 for arrest of cargo on boa...

High Court

Bombay High Court Allows Appointment of Receiver Under Section 9 of Arbitration Act to Secure Claim of Lender Against Defaulting Borrower and Guarantors. The court held that where a borrower defaults and fails to disclose assets, appointment of receiver is necessary to prevent the arbitral award from becoming a paper decree.

7 Jan 2014

The petitioner, L&T Finance Limited, filed an arbitration petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking appointment ...

High Court

Bombay High Court Sets Aside Arbitral Award Against Guarantor Due to Limitation Bar and Lack of Membership Under Multi-State Cooperative Societies Act, 2002. The court held that a person who merely recommends a loan but is not a member of the cooperative society cannot be treated as a guarantor, and the claim filed beyond the limitation period is barred.

10 Mar 2011

The petitioner, Radheshyam S. Gupta, challenged an arbitral award dated 13 August 2008 passed under Section 84 of the Multi-State Cooperative Societie...

High Court

Bombay High Court Allows Writ Petition Challenging DRT Orders in Bank Fraud Case — Substituted Power of Attorney Found Invalid Due to Lack of Notarial Registration and Failure to Prove Original Power of Attorney. The court held that the Debts Recovery Tribunal and Appellate Tribunal erred in relying on a substituted Power of Attorney without proper proof under the Notaries Act, 1952.

3 Mar 2011

The petitioner, Lucy Ayline Jacinto, filed a writ petition under Article 226 of the Constitution challenging an order of the Debts Recovery Appellate ...

High Court

High Court of Bombay at Nagpur Allows Appeal in Loan Recovery Case — Suit for Recovery of Loan Secured by Registered Charge Governed by Article 62 of Limitation Act, 1963. The court held that a suit for recovery of loan secured by a registered charge on property is governed by Article 62 of the Limitation Act, 1963, which provides a 12-year limitation period from the date the money becomes due, and not by Article 19 or 37.

13 Feb 2006

The appellant, State Bank of India, filed a suit for recovery of Rs. 16,179.49 against the respondents, Ramkrishna and Himmatrao Sakharkar, based on a...

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...

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