Search Results for "guarantor liability"

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Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
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Search Results for "guarantor liability"

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High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Guarantee Dispute — Guarantor's Liability Not Discharged by Family Settlement Without Bank's Consent. Family Settlement Between Guarantor and Principal Debtor Does Not Discharge Guarantor Under Section 134 of Indian Contract Act, 1872.

7 Jan 2019

The petitioner, Narinder Pal Agarwal, was a director and guarantor of Narendra Metal Converters Pvt. Ltd., which had taken loans from Saraswat Coopera...

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...

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 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....

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...

High Court

Bombay High Court Dismisses Guarantor's Appeal in Bank Recovery Suit — Guarantee Not Limited to Three Years, Liability Joint and Several. The court held that the guarantor failed to prove the alleged limitation of three years and is jointly and severally liable under the Indian Contract Act, 1872.

12 Dec 2005

The case involves a first appeal filed by Padmakar Krushnarao Bhagwatkar, who was the guarantor/defendant No.2 in a suit filed by the State Bank of In...

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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