Search Results for "guarantor"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...
Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Ac...
High Court of Karnataka Allows EPF Organisation's Writ Petition for Priority Pay...

Search Results for "guarantor"

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High Court

Bombay High Court Dismisses Winding Up Petitions for Non-Compliance with Statutory Notice Under Section 434 of Companies Act, 1956. Statutory notice requirement under Section 434(1)(a) held mandatory and cannot be waived by agreement between parties.

7 Jul 2006

The petitioner, Dolphin Investment Pvt. Ltd., filed two company petitions under Section 433(e) and (f) of the Companies Act, 1956, seeking winding up ...

High Court

Bombay High Court Dismisses Stay Application in Arbitration Matter — Consent Order Not Stayed as No Prima Facie Case Made Out. Court held that a consent order passed under Section 9 of the Arbitration and Conciliation Act, 1996 cannot be stayed unless fraud or lack of jurisdiction is shown.

13 Feb 2013

The petitioner, Tata Capital Financial Services Limited, a non-banking finance company, had sanctioned an invoice discounting facility of Rs. 20,00,00...

Tribunals

NCLAT Dismisses Appeal of Personal Guarantor Against Initiation of Insolvency Resolution Process Under IBC. The Tribunal held that the Adjudicating Authority correctly admitted the application under Section 95 of the IBC as the debt was due and default occurred, and the personal guarantor's objections regarding limitation and pending proceedings were not sustainable.

30 Nov -0001

The appeal was filed by Mahdoom Bava Bahrudeen Noorul Ameen (Appellant) under Section 61(3) read with Section 61(1) of the Insolvency and Bankruptcy C...

Tribunals

NCLAT Allows Section 95 Application Against Personal Guarantors in IBC Case — Limitation Period for Filing Application Under Section 95 Commences from Date of Default in Demand Notice Under Guarantee Contract, Not from Date of NCLT Order Admitting Corporate Debtor. The court held that the limitation for filing an application under Section 95 of the Insolvency and Bankruptcy Code, 2016 against a personal guarantor runs from the date of default in the demand notice under the guarantee contract, and not from the date of the NCLT order admitting the corporate debtor.

22 Oct 2024

The National Company Law Appellate Tribunal (NCLAT) at Chennai, by a common judgment dated 22.10.2024, allowed two appeals filed by the State Bank of ...

Supreme Court

Supreme Court Dismisses Appeal in Dishonour of Cheque Case Under Negotiable Instruments Act, 1881 Despite Insolvency Proceedings. Criminal Liability Under Section 138 Negotiable Instruments Act, 1881 Continues Simultaneously with Insolvency Resolution Under Insolvency and Bankruptcy Code, 2016 as Proceedings are Penal and Not Covered by Moratorium Under Section 14.

15 Mar 2023

The dispute arose from a dishonoured cheque issued by M/s Rainbow Papers Limited, a company, to Tourism Finance Corporation of India Limited, a public...

Supreme Court

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

27 Feb 2026

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

High Court

Bombay High Court Dismisses Writ Petition Challenging Arbitration Award in Cooperative Bank Dispute — No Interference Under Article 227 as Concurrent Findings of Fact and Law Are Not Perverse. The Court upheld the recovery certificate issued under the Multi-State Cooperative Societies Act, 2002, finding no jurisdictional error or violation of natural justice.

11 Nov 2025

The petitioner, TJSB Sahakari Bank Ltd., a multi-state cooperative bank, filed a writ petition under Article 227 of the Constitution of India challeng...

High Court

Bombay High Court Dismisses Appeals Against Refusal to Injunction Bank Guarantee Encashment in Arbitration Dispute. Court Holds That Fraud or Irretrievable Injustice Must Be Established for Injunction Against Bank Guarantees Under Section 9 of Arbitration and Conciliation Act, 1996.

10 Apr 2018

The appellant, Felguera Gruas India Private Limited (FGIPL), entered into contracts with the first respondent, Tuticorin Coal Terminal Private Limited...

High Court

High Court of Karnataka Quashes Order of Registrar of Cooperative Societies in Souhardha Cooperative Dispute — Lack of Jurisdiction and Violation of Natural Justice. Registrar has no authority under Karnataka Souhardha Sahakari Act, 1997 to adjudicate disputes; such disputes must be referred to arbitration under Section 70 of the Act.

23 Oct 2025

The petitioner, Munireddy Reddy, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at B...

Supreme Court

Supreme Court Allows Appeal by NEDFI in Arbitration Award Execution Case — Guarantor's Liability Upheld Despite Non-Registration of Mortgage. Personal liability under deed of guarantee is independent of mortgage enforceability; award can be executed against guarantor under Section 36 of Arbitration and Conciliation Act, 1996.

1 Jan 2025

The case involves an appeal by North Eastern Development Finance Corporation Ltd. (NEDFI) against M/s L. Doulo Builders and Suppliers Co. Pvt. Ltd. Th...

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