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...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
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Search Results for "Guarantors"

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High Court

Madras High Court Allows Appeal by Financial Corporation in Guarantor Liability Case — Equitable Mortgage by Deposit of Title Deeds Valid Under Section 58(f) of Transfer of Property Act, 1882. Guarantor's Liability Under Section 31(aa) of State Financial Corporation Act, 1951 Upheld Despite Absence of Registered Mortgage Deed.

2 Apr 2026

The appellant, Tamil Nadu Industrial Investment Corporation Limited, a public financial institution, filed an appeal under Order XXXVI Rule 1 of O.S. ...

High Court

Gujarat High Court Allows Appeals in Recovery Suits, Holding That Suits Against Guarantors Were Barred by Limitation. The court held that limitation for suit against guarantor runs from date of default by principal debtor, not from date of guarantee, under Article 55 of Limitation Act, 1963.

11 Mar 2026

The case involves three first appeals arising from a common judgment and decree passed by the City Civil Judge, Court No. 11, Ahmedabad, in Civil Suit...

Tribunals

NCLAT Dismisses Appeal by Personal Guarantor Against Withdrawal of Insolvency Petition by State Bank of India — Principles of Dominus Litis and Right to Withdraw Under Section 95 of IBC, 2016 Upheld. The Personal Guarantor has no locus standi to object to the withdrawal of a Section 95 petition by the Financial Creditor before admission.

25 Apr 2025

The case involves an appeal filed by S. Srinivasan, a Personal Guarantor of M/s. Sri Venkatram Spinners Pvt. Ltd., against an order of the National Co...

High Court

High Court of Karnataka Dismisses Appeal by Asset Reconstruction Company Against Borrowers in SARFAESI Act Matter — Upholds Single Judge's Order Quashing Possession Notice Due to Non-Compliance with Section 13(2) and (3A). The Court Held That the Secured Creditor Must Strictly Adhere to the Statutory Procedure Under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Before Taking Possession.

5 Jun 2024

The appellant, M/s. International Asset Reconstruction Company Limited, a secured creditor, issued a possession notice under the Securitisation and Re...

High Court

High Court of Karnataka Dismisses Writ Petitions Challenging DRT Orders in Debt Recovery Proceedings Against Dr. Vijay Mallya. Court upholds the jurisdiction of the Debt Recovery Tribunal to proceed with recovery actions under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, rejecting the petitioner's challenge based on pending criminal proceedings and alleged lack of territorial jurisdiction.

5 Oct 2018

The judgment concerns two writ petitions filed by Dr. Vijay Mallya challenging orders passed by the Debt Recovery Tribunal (DRT) in recovery proceedin...

High Court

Bombay High Court Allows Appeal in Summary Suit Dispute Over Dishonoured Cheque — Triable Issues Raised Regarding Loan Repayment and Liability of Guarantors. Court sets aside summary judgment and grants unconditional leave to defend, holding that the appellants raised triable issues including whether the loan was repaid and whether the guarantors were discharged.

17 Dec 2016

The case arises from a summary suit filed by Anthony Maharaj (respondent) against Morpheus Media Ventures Pvt. Ltd. and others (appellants) for recove...

Tribunals

NCLAT Allows Section 95 Application Against Personal Guarantor Despite Pending DRT Proceedings — Guarantee Invocation Notice and DRT Recovery Certificate Constitute Debt Under IBC. The NCLAT held that the Adjudicating Authority erred in rejecting the Section 95 application on the ground that the guarantee invocation notice and DRT recovery certificate do not constitute a debt under Section 3(10) of the IBC, 2016.

30 Nov -0001

The National Company Law Appellate Tribunal (NCLAT) heard two appeals filed by IDBI Bank Ltd. against orders of the NCLT, Indore Special Bench, reject...

Tribunals

NCLAT Dismisses Appeals Against Resolution Professional's Rejection of Late Claims in CIRP. Claims Filed After Deadline Under Section 30 of IBC Cannot Be Entertained by Resolution Professional.

30 Nov -0001

The National Company Law Appellate Tribunal (NCLAT) at Chennai heard three company appeals (Comp App (AT) (CH) (Ins) No. 232/2025, 234/2025, and 236/2...

Tribunals

NCLAT Partially Allows Appeal Against Bankruptcy Declaration, Holds SEBI Penalty as Excluded Debt Under IBC. Personal Guarantor's Bankruptcy Petition Admitted but SEBI Penalty Excluded from Discharge as 'Fine' Under Section 79(15)(a) of IBC.

30 Nov -0001

The appellant, Ms. G.V. Marry, was a personal guarantor to BRG Energy Ltd., a company incorporated in 2006 under the Companies Act, 1956. She filed an...

Tribunals

NCLAT Chennai Dismisses Appeals by Suspended Directors Against CIRP Initiation Under IBC — Limitation Period for Section 7 Application Computed from Date of Default, Not Date of NPA Classification. Acknowledgment of Debt in Balance Sheets Extends Limitation Under Section 18 of Limitation Act.

30 Nov -0001

The judgment pertains to two appeals filed by suspended directors of M/s. Sri Pavana Keerthi Hotels India Private Limited (Corporate Debtor) against t...

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