Search Results for "director guarantee"

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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. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "director guarantee"

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Supreme Court

Supreme Court Dismisses Appeal Against Initiation of CIRP Against Corporate Debtor Despite Payment by Guarantor's Resolution Applicant. Right of Subrogation Under Section 140 of Indian Contract Act, 1872 Not Available Where Resolution Plan Extinguishes Guarantee and No Payment of Entire Debt.

23 Jul 2024

The case involves an appeal against the initiation of Corporate Insolvency Resolution Process (CIRP) against the 2nd respondent, Gujarat Hydrocarbon a...

High Court

Bombay High Court Grants Interim Injunction Restraining Bank from Enforcing Guarantee and Pledge Against Company Pending Company Law Board Proceedings. Alleged Fraudulent Assumption of Liability by Directors Without Shareholder Consent Raises Serious Questions to be Tried.

15 Jul 2013

The applicant, Rajinder Kumar Malhotra, filed an application in a pending company appeal seeking an interim injunction to restrain HDFC Bank from reco...

Supreme Court

Supreme Court Dismisses Appeal in Insolvency Case Involving Corporate Guarantee for Non-Corporate Borrowers. Corporate Insolvency Resolution Process Under Section 7 of Insolvency and Bankruptcy Code, 2016 is Maintainable Against Corporate Person as Guarantor Even When Principal Borrower is Not a Corporate Person, as Default Triggers Financial Debt and Corporate Debtor Status.

6 Sep 2022

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016 (IBC), where the appellant, a promoter and director of Maharaja Theme P...

High Court

Bombay High Court Grants Interim Stay on Personal Guarantee Enforcement in CDR Failure Case — Deed of Guarantee Held Not Enforceable Due to Conditional Nature and Subsequent Termination Events. The court found that the guarantee was conditional upon CDR sanction and automatically terminated upon CDR failure and the guarantor's resignation, making it unenforceable against the personal guarantor.

14 Dec 2024

The Plaintiff, Deepen Arun Parekh, filed a suit seeking a declaration that the Deed of Guarantee dated 10 April 2014 executed by him in favour of the ...

High Court

High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

17 Feb 2026

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

Supreme Court

Supreme Court Allows Appeal by Son in Suit Over Guarantee of Bank Overdraft, Holding No Charge Created on Property under Family Deed. Deed reciting that son and his allotted property shall answer for father's guarantee debt did not evidence intention to create charge in favor of creditor bank, and bank not being party to deed could not enforce its terms under contract law.

23 Jul 1969

The case arose from a suit for recovery of an overdraft amount where the creditor bank, Kottayam Bank (later merged with State Bank of Travancore), so...

High Court

Madras High Court Allows TIIC's Recovery Petition Against Guarantors in SFC Act Case — Guarantors Held Jointly and Severally Liable Despite Company's Winding Up. Liability of Guarantors Under Sections 31(a) and 31(aa) of State Financial Corporations Act, 1951 Survives Liquidation of Principal Borrower and Receipt of Amount from Official Liquidator.

7 Jan 2025

The petitioner, Tamil Nadu Industrial Investment Corporation Limited (TIIC), a State Financial Corporation, filed an original petition under Sections ...

High Court

Bombay High Court Allows Appeal by Co-operative Sugar Factory in Suit for Enforcement of Bank Guarantee, Holding Document Executed by Bank is a Contract of Guarantee under Section 126 of Indian Contract Act, 1872. Bank's Liability was Unconditional and Payable on Demand, Irrespective of Disputes Between Principal Parties, and Suit not Bad for Non-Joinder of Principal Debtor.

2 Aug 2005

The dispute arose from a turnkey contract for erection of a paper plant between Mula Sahakari Sakhar Karkhana Ltd., a co-operative sugar factory, and ...

Supreme Court

Supreme Court Considers Whether a Bond Executed by a Company Director Constituted a Contract of Guarantee or Indemnity Under Section 126 of the Indian Contract Act, 1872. The Court Also Examined the Binding Nature of a Scheme of Composition Sanctioned Under Section 391 of the Companies Act, 1956 on Dissenting Creditors.

17 Sep 1969

The case involved a cash-credit account opened by the first respondent company with the appellant bank. On June 7, 1953, the company executed a promis...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Nomination for Workmen Director in Nationalised Bank. The court held that the Central Government's approval is mandatory for appointment of Workmen Director under Section 9(3)(c) of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, and the Bank cannot unilaterally accept nominations.

8 Apr 2011

The petitioners, Federation of Bank of India Staff Unions and its Deputy General Secretary, filed a writ petition under Article 226 of the Constitutio...

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