Search Results for "Guarantor's Liability"

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Bombay High Court Dismisses Petitions Challenging SARFAESI Act Applicability to Cooperative Banks and Arbitration Awards. Multi-State Cooperative Bank held to be a 'bank' under SARFAESI Act, and arbitration under Multi-State Cooperative Societies Act does not bar subsequent SARFAESI proceedings.

The judgment concerns three writ petitions filed by borrowers challenging actions taken by Abhyudaya Co-operative Bank Ltd. and Piramal Capital and Ho...

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Bombay High Court Allows Writ Petition Challenging De-empanelment of Advocate by Bank of Baroda Without Following Principles of Natural Justice. Show-Cause Notice Issued with Premeditation Violates Right to Fair Hearing Under Article 14 of Constitution of India.

The petitioner, a registered legal practitioner since 1980 and empanelled with the Bank of Baroda for over 30 years, was de-empanelled by a communicat...

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High Court of Karnataka Dismisses Petition to Quash Section 138 NI Act Complaint Against Director for Insufficient Averments. Director Issued Cheque Towards Company Loan, Dishonoured Due to Insufficient Funds, Court Finds Prima Facie Case.

The petitioner, Sri Nabhiraj, a director of Aztec Digitals Private Limited, filed a criminal petition under Section 482 of the Code of Criminal Proced...

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Bombay High Court Dismisses Writ Petition Challenging Conditional Attachment Order in Co-operative Bank Dispute. Arbitrator's Power Under Section 84 of Multi-State Co-operative Societies Act, 2002 Includes Power to Pass Conditional Attachment Orders.

The petitioners, Rohan M. Kapoor and others, challenged an order dated 10.01.2011 passed by an arbitrator appointed by the Central Registrar under Sec...

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Bombay High Court Sets Aside Insolvency Notice Based on Foreign Judgment — Notice Held Without Jurisdiction as Debt Not Payable Under Indian Insolvency Act. Foreign judgment debt not enforceable under Presidency Towns Insolvency Act, 1909 without satisfying conditions of Section 13 CPC.

The case involves a Notice of Motion filed by the Judgment Debtor, Neville Tuli, seeking to set aside an Insolvency Notice No. N/28 of 2011 issued by ...