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Bombay High Court Dismisses Appeal by Guarantors in SFC Act Recovery Case — Directors Held Jointly and Severally Liable for Company Loan. Guarantors Cannot Raise Defences of Principal Debtor Under Section 31(1)(aa) of State Financial Corporation Act, 1951.

The appeal arises from a judgment dated 19th September 2007 passed by the learned Adhoc District Judge, Pune, in Miscellaneous Civil Petition No.859 o...

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High Court of Bombay at Nagpur Allows Appeal in Negotiable Instruments Act Case — Cheque Dishonour Conviction Restored. Appellant-Society Proves Loan Liability and Issuance of Cheque for Discharge of Debt, Reversing Acquittal Under Section 138 of the Negotiable Instruments Act, 1881.

The appellant, Vishal Nagari Sahakari Pat Sanstha Maryadit, a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960, fi...

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Supreme Court Allows Co-operative Bank Appeal Against Sureties -- Holds Sureties Liable for Original Loan Under Section 133 of Indian Contract Act, 1872 -- Gujarat High Court Order Set Aside in Recovery Dispute

The Supreme Court allowed appeal by Appellant against High Court order that discharged sureties from all liability -- The Court held that under Sectio...

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Bombay High Court Dismisses Writ Petition Challenging Rejection of Interim Stay in Cooperative Society Recovery Proceedings. Petitioner Failed to Demonstrate Prima Facie Case or Irreparable Loss in Auction of Mortgaged Property Under Maharashtra Cooperative Societies Act, 1960.

The petitioner, Shri Shrirang Gajanan Hole, a member of Respondent No.2 Society (Ujani Mahila Gramin Bigarsheti Sahakari Patsanstha Maryadit), challen...

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High Court of Karnataka Allows Appeal in Cheque Dishonour Case, Sets Aside Acquittal. Complainant Company's Loan to Employee and Cheque Issuance for Repayment Established, Rebuttable Presumption Under Section 139 of Negotiable Instruments Act, 1881 Not Rebutted by Accused.

The appellant, Sami Labs Limited, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, against the respondent, M.V. Joseph, a ...

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High Court of Karnataka Allows Appeal in NI Act Case — Reverses Acquittal for Dishonour of Cheque Issued for Repayment of Housing Loan. Court Holds That Rebuttable Presumption Under Section 139 of Negotiable Instruments Act, 1881 Stands in Favour of Complainant and Accused Failed to Rebut It.

The appellant, Sami Labs Limited, filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, M.V. Joseph, who...

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Bombay High Court Dismisses Challenge to Arbitral Award in Loan Dispute, Upholds Financer's Claim. Court holds that existence of arbitration agreement is not a jurisdictional issue under Section 16 of Arbitration and Conciliation Act, 1996, and the award is not patently illegal.

The judgment concerns two arbitration petitions: Arbitration Petition No. 783 of 2011 filed by the borrowers (M/s. Sahyadri Earthmovers and its partne...

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High Court of Karnataka Allows Bank's Appeal Against Single Judge Order in Writ Petition Challenging Endorsement Under SARFAESI Act. Writ Petition Challenging Endorsement Under Section 13(2) of SARFAESI Act Held Not Maintainable Due to Alternative Remedy Under Section 17.

The appellants, Union Bank of India and its Chief Manager, filed a writ appeal under Section 4 of the Karnataka High Court Act against the order dated...