Search Results for "surety liability"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance in Favor ...
Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment ...
Bombay High Court Upholds Conviction of Appellant for Murder Under Section 302 I...
High Court of Bombay Quashes Deputy Registrar's Directives in Co-operative Socie...

Search Results for "surety liability"

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High Court

Bombay High Court Allows Summary Suit Against Principal Borrower Despite Moratorium Against Guarantors Under IBC. The court permitted the plaintiff to proceed only against defendant no.1 (principal borrower) while reserving rights against guarantors under moratorium.

6 Apr 2026

The plaintiff, IL & FS Financial Services Limited, filed a commercial summary suit under Order XXXVII of the Code of Civil Procedure, 1908 to recover ...

Tribunals

NCLAT Allows Appeal Against Exclusion of Personal Guarantors from CoC in CIRP of Corporate Debtor — Re-constitution of Committee of Creditors Set Aside. Personal Guarantors Are Not Members of Committee of Creditors Under Section 21(2) of Insolvency and Bankruptcy Code, 2016.

15 Jul 2024

The National Company Law Appellate Tribunal (NCLAT) heard an appeal against an order of the Adjudicating Authority (NCLT, Chandigarh Bench) dated 01.0...

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...

High Court

Karnataka High Court Allows Appeals Against Single Judge Order in Company Dispute Over Bank Account Freezing. The Court held that the writ petition was maintainable but the interim relief of defreezing accounts was not justified as there was a prima facie case of mismanagement and balance of convenience favored maintaining status quo.

13 Jul 2021

The case involves two writ appeals filed by Mr. Manne Guru Prasad and Shri Ramappa against an order dated 06.04.2021 passed by a learned Single Judge ...

High Court

Karnataka High Court Allows Writ Appeals Against Single Judge Order in Company Dispute Over Bank Account Freezing. The court held that disputes regarding management of a company are not maintainable under writ jurisdiction and must be raised before the Company Law Board under the Companies Act, 2013.

13 Jul 2021

The case involves two writ appeals filed by individuals against an order of a Single Judge of the Karnataka High Court in a writ petition filed by M/s...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Chit Fund Dispute — Holds That Chit Funds Act Does Not Bar Arbitration of Disputes Under Chit Agreements. The Court Ruled That Section 64 of the Chit Funds Act, 1982 Does Not Impliedly Exclude Arbitration, and the Arbitrator Had Jurisdiction to Decide the Claims.

28 Jun 2019

The petitioner, Dinesh Jaya Poojary, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award da...

High Court

Bombay High Court Dismisses Appeal by Guarantors in SFC Act Recovery Case — Directors Held Jointly and Severally Liable for Company Loan. Guarantors Cannot Raise Defences of Principal Debtor Under Section 31(1)(aa) of State Financial Corporation Act, 1951.

26 Feb 2019

The appeal arises from a judgment dated 19th September 2007 passed by the learned Adhoc District Judge, Pune, in Miscellaneous Civil Petition No.859 o...

High Court

Bombay High Court Dismisses Judgment Debtors' Motion to Set Aside Insolvency Notice Based on SFC Act Order. Order under Section 31(1)(aa) of State Financial Corporations Act, 1951 is a decree or order within Section 9(2) of Presidency Towns Insolvency Act, 1909 and is executable against guarantors.

20 Jul 2015

The case involves two notices of motion filed by judgment debtors (Vikram Saboo and Shalini Saboo) seeking to set aside an insolvency notice issued by...

High Court

Bombay High Court Grants Injunction Against Invocation of Bank Guarantees in Arbitration Dispute — Prima Facie Case of Fraud and Irretrievable Injustice Established. Court held that unconditional bank guarantees cannot be invoked where there is a clear fraud of which the bank has notice or where irretrievable injustice would result.

17 Jan 2013

The petitioner, M/s. ANCL & Co. (India) Pvt. Ltd., filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996, seeking an injuncti...

High Court

Bombay High Court Dismisses Second Appeal in Land Acquisition Compensation Dispute — Appellants' Claim for Enhanced Compensation Rejected Due to Lack of Evidence and Failure to Prove Market Value. The court held that the reference court's enhancement of compensation was based on insufficient material and that the appellants failed to discharge the burden of proof under the Land Acquisition Act, 1894.

30 Nov -0001

The case involves two second appeals arising from land acquisition proceedings. The appellants, legal representatives of the original claimants, sough...

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